Article "The Position of the Guardian Council of the Constitution of the Islamic Republic of Iran and the Supreme Federal Court of the United States of America in the Legislative Process"

Document Type : Original Article

Authors

1 PhD Student, Department of Law, UAE Branch, Islamic Azad University, Dubai, UAE

2 Associate Professor, Faculty of Law and Political Science, Shiraz University

3 Islamic Azad University

4 Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract

Legislative oversight is one of the most important issues in constitutional law today. In this article, we will deal with this issue in relation to the rule of law and democracy and the forms of its crystallization and application in different countries. The main question is; "What are the principles, structure and procedures of the work and duties and powers of the Guardian Council of Iran and the US Supreme Court?" Therefore, we will examine the position of the "Constitutional Guardian Council of the Islamic Republic of Iran" and the "Supreme Federal Court of the United States" in the legislative process. First, we examine the theoretical foundations and historical roots of this verb, then the structure and ritual of work, and finally, the competencies of the two institutions. As a result, there is a huge difference between the two institutions that has emerged from the history of the two countries. The main question of the research is: "What are the principles, structure and procedure of work and duties and powers of the Guardian Council of Iran and the US Supreme Court?". Accordingly, three sub-questions have been formed, which are: What are the theoretical foundations and historical roots of playing an institutional role outside the parliament in the legislative process? "What are the differences and similarities between the structure and procedure of the Guardian Council and the Supreme Court?" ".

Keywords: Legislation, Judicial Oversight, Basic Procedure, Guardian Council, Supreme Court.

Keywords

Political Sociology of Iran
Volume 5, Issue 2
June 2022
Pages 253-283

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