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A critical reflection on the procedure of the Court of Administrative Justice and the procedure of the Guardian Council in ensuring Sharia supervision of administrative regulations
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Hosein Fatehikalkhoran   , Alimohammad Falahzadeh * , Abdolreza Barzegar |
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Abstract: (964 Views) |
Article number four of the constitution, which has dominance above other principles of the constitution, is the most important means of Shariah supervision of the Guardian Council over "regulations", the mechanism of which is explained in the law of formations and the procedure of the court of administrative justice. By studying the opinions of the Guardian Council, this article analyzes the procedure of the Court, among approximately 1,300 petitions, where more than 200 of which have been declared by the Jurisprudence of the Guardian Council to be inconsistent with Shariah. The question that can be raised is whether the court's procedure has been able to give effect outcome to all the shariah opinions of the council. The current procedure of the Court's proceedings shows that in some cases, the Court has not been able to apply the opinions of the jurists of the mentioned council. Also, a critical question can be asked, what are the shortcomings of the Guardian Council in guaranteeing Shariah supervision of government regulations? It should be noted that despite the existence of research on the limits of the jurisdiction of the Administrative Court of Justice, no independent research has been conducted on this issue. In this article, choosing a descriptive-analytical method, we analyze the propositions and existing mechanisms for applying this supervision. Also, suggestions are made to create a clear procedure for applying Shariah opinions of the Council to cancel the approvals against the Shariah and reduce the approval of such enactments.
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| Keywords: Guardian Council, Court of Administrative Justice, Sharia supervision, regulations, procedure |
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Type of Study: Research |
Subject:
Special
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