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Constitutional Crisis of the State: Revision and Confirmatory Supervision

  • Farshad Malek-Ahmadi

Abstract

According to Article 4 of the Constitution of the Islamic Republic (CIR), all laws and regulations must be in accordance with Islamic principles. “This article shall apply absolutely on all the Articles of the Constitution and other laws and regulations.” The emphasis is on the absolute dominance of Islamic jurisprudence. The next sentence identifies the institution— and section within that institution—through which this control mechanism will be implemented: “It shall be decided through the religious jurists [fuqaha] of the Guardian Council whether or not such laws and regulations conform to this Article.”1 A strict interpretation of this Article by the Guardian Council resulted in an extension of the institution’s intervention beyond parliamentary bills and laws to administrative law: executive instruments approved by the Council of Ministers and other executive institutions, decrees of the Council of Ministers, treaties, and other bylaws.2

Keywords

Council Member Charismatic Leadership Islamic Republic Investigation Commission Absolute Dominance 
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Notes

  1. 3.
    Shaul Bakhash, “Iran’s Remarkable Election,” Journal of Democracy, 9, 1 (January, 1998): 82.CrossRefGoogle Scholar
  2. 21.
    United Nations, 1988, Human Rights: A Compilation of International Instruments, New York: United Nations, p. 28.Google Scholar

Copyright information

© Farshad Malek-Ahmadi 2015

Authors and Affiliations

  • Farshad Malek-Ahmadi

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