The Properties of The Contingent method of guardian Council in The Interpreting of The Constitution

Dibania, Sara; Kaveh Pishghadam, MohammadKazem; Masoud, Gholam Hossein

The Properties of The Contingent method of guardian Council in The Interpreting of The Constitution

Document Type : Original Article

Authors

Sara Dibania ¹

MohammadKazem Kaveh Pishghadam ²

Gholam Hossein Masoud ³

¹ PhD student, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran

² Assistant Professor, Department of Political Science, Shiraz Branch, Islamic Azad University, Shiraz, Iran

³ Assistant Professor, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran

Abstract

The constitution is the highest legal document of a country and a guide to other laws. The constitution defines the political principles, structure, hierarchy, position, and limits of the political power of a state, and determines and guarantees the rights of its citizens. No law should contradict the constitution. In other words, the constitution is the law that determines the ruling system, a law that determines where power is concentrated, what is the relationship of this ruling power with the freedoms and rights of the people of the nation, and what are these ruling powers including the executive, legislative and judiciary They have powers and responsibilities towards the nation. In fact, the constitution is the product of constitutionalism, and constitutionalism is nothing but the expression of the limited authority of the rulers. For this reason, the interpretation of the constitution itself is a very important issue that should be left to the appropriate institution and authority. According to the constitution, the interpretation of the constitution is left to the Guardian Council, which is done by a three-fourths majority of the council members. The review of the Guardian Council's methods in the form of analytical research indicates that the Guardian Council's interpretive procedure is based on jurisprudential teachings. And the Shari'a and the establishment of the system based on the precepts of Islam, relying on legal words and phrases with explicit reference to the original intention of the founding members, is a follow-up approach, but in cases where relying solely on the text of the law or the intention of the legislator, The necessity of providing public interests and the ideal goals of the country has also benefited from other methods of interpretation.

Keywords

Interpretation

Constitution

Guardian Council

Contingent Methods

Subjects

Theoretical foundations of the Islamic Revolution

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