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Iran
The Council of Guardians
The Constitution also provides for the Council of Guardians,
which is charged with examining all legislation passed by the
Majlis to ensure that it conforms to Islamic law. According to
Article 91, the Council of Guardians consists of twelve members;
six of them must be "just and pious" clergymen who are chosen
by the faqih or the Leadership Council. The other six
must be Muslim lawyers who are first selected by the High Council
of Justice, then approved by a majority vote of the Majlis. The
members of the Council of Guardians serve six-year terms, with
half the members being changed every three years.
The responsibilities of the Council of Guardians are delineated
in Articles 94 through 99. The members must review each law voted
by the Majlis and determine, no later than ten days after the
assembly has submitted a bill for consideration, whether or not
it conforms with Islamic principles. If ten days are insufficient
to study a particular piece of legislation, the Council of Guardians
may request a ten-day extension. A majority of the clerical members
of the Council of Guardians must agree that any given law does
not violate religious precepts. If the Council of Guardians decides
that a law contradicts Islam, the bill is returned to the Majlis
for revision. If the Council of Guardians decides that a law conforms
with Islam, that law is ratified.
During its first two years of operation, the Council of Guardians
did not challenge Majlis bills and generally played a passive
role in the political process. In May 1982, however, the Council
of Guardians established its independent role by vetoing a law
to nationalize all foreign trade. Since that time, the Council
of Guardians has refused to ratify several pieces of legislation
that would restrict property rights. In particular, the Council
of Guardians has opposed the efforts of the Majlis to enact comprehensive
land reform statutes.
Data as of December 1987
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