Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 811-827 |
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Mahmoudi Gilani M, Mardani N, Asadian A, Mehrpour H. The Way of Influence of the Guardian Council and the Supreme Court of the United States of America on the Legislative Process. MLJ 2022; 16 :811-827
URL: http://ijmedicallaw.ir/article-1-1661-en.html
URL: http://ijmedicallaw.ir/article-1-1661-en.html
1- Department of Law, Emarat Branch, Islamic Azad university, Dubai, United Arab Emirates.
2- Department of International Law, Faculty of Law and Political Sciences, University of Shiraz, Shiraz, Iran.
3- Department of Public Law, Faculty of Law and Political Sciences,Science and Research Unit, Islamic Azad University, Tehran, Iran.
4- Department of Private Law, Faculty of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
2- Department of International Law, Faculty of Law and Political Sciences, University of Shiraz, Shiraz, Iran.
3- Department of Public Law, Faculty of Law and Political Sciences,Science and Research Unit, Islamic Azad University, Tehran, Iran.
4- Department of Private Law, Faculty of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
Abstract:
Background and Aim: The quality and influence of the Negihan Council on the legislative process is one of the important issues that have always been the subject of discussion and opinion. Examining this issue in a comparative way is one of the issues that have not been paid much attention so far. Accordingly, The purpose of this article is to examine the quality of the influence of the Guardian Council and the Supreme Court of the United States of America on the legislative process.
Method: The mentioned article is theoretical and descriptive analytical method is used and it is done in library form.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: The quality of influence on the legislative process in the Naghian Council is through the alignment of the Parliament's resolutions with the Sharia and the Constitution. In the Supreme Court, the resolutions of the Congress are also aligned with the Constitution. Both institutions use the method of interpretation to influence the legislation, but the Supreme Court interprets the resolutions of the Congress, but the Council of Guardians has the authority to interpret the Constitution.
Conclusion: The Naghian Council is a supra-judicial institution under the leadership, but the Supreme Court is a judicial institution at the head of the judiciary. More importantly, the way to influence both institutions is through the annulment of laws. The Guardian Council annuls the resolutions of the Majlis that are in conflict with the Constitution and Sharia and the Supreme Court has the right to annul the resolutions of the Congress and state authorities.
Please cite this article as:
Mahmoudi Gilani M, Mardani N, Asadian A, Mehrpour H. The Way of Influence of the Guardian Council and the Supreme Court of the United States of America on the Legislative Process. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e50.
Method: The mentioned article is theoretical and descriptive analytical method is used and it is done in library form.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: The quality of influence on the legislative process in the Naghian Council is through the alignment of the Parliament's resolutions with the Sharia and the Constitution. In the Supreme Court, the resolutions of the Congress are also aligned with the Constitution. Both institutions use the method of interpretation to influence the legislation, but the Supreme Court interprets the resolutions of the Congress, but the Council of Guardians has the authority to interpret the Constitution.
Conclusion: The Naghian Council is a supra-judicial institution under the leadership, but the Supreme Court is a judicial institution at the head of the judiciary. More importantly, the way to influence both institutions is through the annulment of laws. The Guardian Council annuls the resolutions of the Majlis that are in conflict with the Constitution and Sharia and the Supreme Court has the right to annul the resolutions of the Congress and state authorities.
Please cite this article as:
Mahmoudi Gilani M, Mardani N, Asadian A, Mehrpour H. The Way of Influence of the Guardian Council and the Supreme Court of the United States of America on the Legislative Process. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e50.
Keywords: US Federal Supreme Court, Guardian Council, Legislation, Interpretation, Judicial Supervision
Type of Study: Original Article |
Received: 2023/06/8 | Accepted: 2024/01/9
Received: 2023/06/8 | Accepted: 2024/01/9
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