The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Feasibility of judicial supervision of the Guardian Council; Another reflection

Document Type : Original Article

Authors
1 university student
2 Associate Professor, Department of Public Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
3 Assistant Professor, Department of Public Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
10.22034/mral.2024.2027053.1601
Abstract
Among the components that contribute to the efficiency and effectiveness of governments and administrative and governmental institutions in the contemporary era is providing the possibility of monitoring them. In Iran's legal system, despite the acceptance of the principle of monitoring and accountability in administrative legal laws and procedures, some institutions are exceptionally excluded from monitoring. For example, the Guardian Council, according to many and also according to the existing documents, is one of the institutions that have been exempted from the subject of monitoring. Therefore, with this approach, it is as if this institution cannot be monitored, and among other things, the decisions of the Guardian Council are immune from the monitoring process. But with the approach, the author has explained and explained the issue and raised the issue of financial, political and monitoring of this institution through civil institutions as well as judicial monitoring of the Guardian Council. As a result, it should be said that in order to exclude the subject of supervision, the discussion must be presented by providing reasons and evidence, otherwise the principle of supervision will prevail. The results of this research show that the supervision of the actions of the Guardian Council should be taken into consideration due to the nature and special functions of this institution. While some acts of the Council are political in nature, the administrative and financial acts of the Council are included in the application of the principle of control.
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Volume 7, Issue 23
seventh year, 23th issue, ّsummer 2025
Summer 2025
Pages 307-331

  • Receive Date 08 May 2024
  • Revise Date 28 June 2024
  • Accept Date 13 July 2024