Kara Sears
The Islamic Republic of Iran has a mixed system of government, with a legislature consisting of two components: the Islamic Consultative Assembly, a unicameral parliamentary chamber, and the Guardian Council of the Constitution, which serves as a reviewing power. The Guardian Council, composed of jurists, acts as an upper legislative house, reviewing all legislation passed by the Islamic Consultative Assembly for constitutionality and compatibility with Sharia law. The Islamic Consultative Assembly, on the other hand, handles the affairs of Parliament and its representatives, overseeing the performance of the executive, judiciary, and legislative branches. While the Assembly can propose and pass laws, these laws cannot contradict the principles and rules of the country's official religion or the Constitution. The President, who heads the executive branch, also plays a role in law implementation and the day-to-day administration of the government.
| Characteristics | Values |
|---|---|
| Who can propose laws | Islamic Shura Majlis |
| Who enforces the laws | Islamic jurists (fuqaha') and the Council of Guardians |
| What are the limitations | Cannot pass laws that contradict the principles and rules of the official religion of the country or the Constitution |
| Who approves government bills | Cabinet of Ministers |
| Who approves Majlis member bills | At least 15 Majlis members |
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What You'll Learn
The Islamic Consultative Assembly
Iran's modern legal system was replaced by an Islamic legal system based on Shi'ite Sharia law following the Islamic Revolution in 1979. This system of law was formed in the early 1980s under the Ayatollah Ruhullah Musavi Khomeini.
The Islamic Shura Majlis receives government bills that have been approved by the Cabinet of Ministers. Additionally, Majlis member bills may be submitted for consideration at the request of at least 15 members. These bills can propose new laws or amendments to existing ones, but they must specify how any changes will be funded if they involve a decrease in public revenues or an increase in public expenditures.
The Assembly also has a role in the Iranian presidential elections. According to the Iranian Constitution, the President must be elected from among religious and political rijal who meet specific qualifications, including Iranian origin, nationality, managerial capabilities, trustworthiness, and piety. The President is elected by an absolute majority, and if no candidate receives such a majority in the first round, a runoff election is held between the top two candidates.
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The Guardian Council of the Constitution
The Council of Guardians has the authority to approve candidates for elected office, including the President. In the case of the Presidential election, the Council ensures that candidates meet the religious and political qualifications outlined in the Constitution, including Iranian origin, nationality, managerial capabilities, trustworthiness, and piety. The Council's role extends beyond the approval of candidates, as they also interpret the Constitution and can reject laws passed by the Islamic Shura Majlis that contradict the country's religious principles or the Constitution.
The Islamic Shura Majlis is the legislative body in Iran, responsible for passing laws. However, their power is checked by the Council of Guardians, who ensure that the laws passed do not conflict with the Islamic faith or the Constitution. Government bills are first approved by the Cabinet of Ministers before being submitted to the Majlis. Members of the Majlis can also submit their own bills, proposals, and amendments for consideration, provided they meet certain requirements.
The Council of Guardians has been criticised for its strict interpretation of Islamic law and its impact on human rights in Iran. For example, the Council has been accused of enforcing discriminatory laws against women, such as the compulsory veiling laws, and restricting freedom of speech and expression. The interpretation and enforcement of Islamic law by the Council have also led to concerns about the independence of the judiciary and the fairness of trials.
In summary, the Guardian Council of the Constitution, or the Council of Guardians, plays a pivotal role in Iran's legal and political system. They ensure that all laws and regulations are rooted in Islamic criteria and are aligned with the country's official religion and the Constitution. This body has significant influence over law-making, the interpretation of the Constitution, and the approval of candidates for elected office, including the President. The actions of the Council have been a subject of controversy due to their impact on human rights and individual freedoms in Iran.
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The President
To become a candidate for the Presidency, individuals must officially declare their candidacy before the election commences. The President is then elected by an absolute majority of votes cast. If no candidate receives an absolute majority in the first round of voting, a second round is held the following week, with only the top two candidates from the initial round participating.
Once elected, the President plays a crucial role in law-making. Government bills are submitted to the Majlis, or legislative body, after receiving approval from the Cabinet of Ministers. The Majlis is responsible for considering and passing laws that align with the principles and rules of the country's official religion and the Constitution. It is within the competence of the Islamic Shura Majlis, a subset of the Majlis, to interpret ordinary laws.
While the President does not directly propose laws, they are integral to the law-making process by leading the Cabinet of Ministers, which reviews and approves government bills before they are submitted to the Majlis for further deliberation and potential enactment. The President's role in shaping the legislative agenda and influencing the content of government bills makes them a key figure in Iran's law-making process.
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The Assembly of Experts
Iran's modern legal system was replaced by an Islamic legal system based on the Shi'ite version of Sharia law after the Islamic revolution in 1979. This system of law was formed in the early 1980s during the rule of Ayatollah Ruhullah Musavi Khomeini.
The Islamic Shura Majlis is responsible for passing laws that do not contradict the principles and rules of the country's official religion or the Constitution. The Shura-ye Negahban ensures that the laws passed by the Majlis do not contradict the aforementioned principles. The interpretation of ordinary laws falls within the competence of the Islamic Shura Majlis.
Government bills are submitted to the Majlis after being approved by the Cabinet of Ministers. Majlis member bills may be submitted to the Majlis for consideration at the request of at least 15 MMs. Majlis bills and MMs' proposals and amendments to Government bills that result in a decrease in public revenues or an increase in public expenditures may be considered in the Majlis, provided that the means for compensating for the decrease in income or for covering the new expenditures are also specified.
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The Council of Ministers
The Iranian legal system is an Islamic legal system based on the Shi'ite version of Sharia law. All laws and regulations in Iran must be based on Islamic criteria, enforced by Islamic jurists and the Council of Guardians.
The Majlis, or the Islamic Shura Majlis, is the body that passes laws in Iran. While it cannot pass laws contradicting the country's official religion or the Constitution, it holds the authority to interpret ordinary laws. Additionally, the Majlis can consider bills proposed by its members, known as Majlis member bills (MMs), when requested by at least 15 MMs.
The legislative process in Iran involves the collaboration of the Council of Ministers and the Majlis. The Council of Ministers' role is to review and approve government bills before they are submitted to the Majlis for further consideration and potential passage. The Majlis, on the other hand, ensures that the bills comply with the country's religious and constitutional framework while also having the authority to interpret ordinary laws.
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Frequently asked questions
The Iranian Parliament, known as the Islamic Consultative Assembly, can propose laws.
The Islamic Consultative Assembly is a unicameral parliamentary chamber and one of the two components of the Iranian legislature.
The Guardian Council of the Constitution, also known as the Council of Guardians, is the reviewing power of the Iranian legislature.
The Guardian Council of the Constitution reviews all legislation passed by the Islamic Consultative Assembly to determine its constitutionality. The Council has the authority to veto a bill if it is deemed incompatible with Sharia law or the Iranian Constitution.
