Studying the pattern and interpretation method of the Guardian Council in the light of the Council's opinions and procedures

Document Type : Technical-Scientific

Author

Lecturer of Qazvin Islamic Azad University

Abstract

In determining the meaning of texts, including legal and constitutional texts, several interpretive schools such as source-oriented, author-oriented, metaphysical and interpretive can be identified. In the meantime, authorism and textualism is a view that has been the dominant interpretive theory in most legal systems for centuries and is still more or less considered in many legal systems (such as Iran and the United States). The interpretation of the constitution in the author-oriented theory of the intentions and behavior of the legislator indicates that this issue is derived from the school of originism. This theory has been accepted in the principles of Shiite jurisprudence as well as the view of the members of the Guardian Council as a correct and official theory. In the system of the Islamic Republic of Iran, the Guardian Council, which has various powers and duties according to the constitution, has been introduced as the official interpreter of the constitution. Article (98) of the Constitution stipulates in this regard: "The interpretation of the Constitution is the responsibility of the Guardian Council, which is done with the approval of three quarters of them." In this regard, from the beginning of the Guardian Council, continuously and of course with The council has expressed views on the interpretation of the principles of the constitution, known as "interpretive views." The question raised in this research is whether the existence of 6 members of the Guardian Council has an effect on the use of these schools of interpretation or not? Of course, according to the regulations, a limited number of officials have the opportunity to ask the Guardian Council to interpret the constitution.

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