چکیده:
Iran has seen three constitutions so far, none of which hasprovided It with an· effective central legal mechanism ofconatltutlonal control. Be1lnnlna In 1905, several factors, among which a desire to reform the country's politico-legal system, came together to provide an Impetus to create a constitution. Thus, the Con1tltutlonal Revolution led to· the establishment of the first constitution on 30 December 1906. There was, however, nowhere In the Constitution a supervisory mechanism as to the violations of the provisions of the Constitution and the protection of the fundamental rights and freedoms of the people. The Constitution was amended by the 1907 supplement called Motammeril. NevertheJeu, there was no mechanism of control for the constltutlonallty of the Majles leglslatlons In the Motammem. Nor- was there any safeguard to protect the Constitution against other:. possible violators such as the Shah. The Constitution remained In force until the 1979 Islamic Revolution when the foundation for a new constitution was established. However, this Constitution that was amended In 1989, again lacks an effective; Independent central legal body to lnvest11ate the possible breaches of the Constitution either. This ls In the view of this author why Iran has continued tounderio severe constitutional crises since the creation of thl~ new Constltutlon, particularly since the election of President Khataml In 1997.
خلاصه ماشینی:
Islamic Revolution, the ConstitutionalRevolution, Constitutional Court , Political Reform, Civil Society Key Words: • Mahmood Jalall-Karveh is an assistant professor of international and comparative law at the University of Isfahan, and a member of the Esfahan Bar Association, Esfahan, Iran.
The Guardian Council Apart from Article 4 of the Constitution which sets the Muslim clergies, Fuqaha, of the GC" as judges of the compatibility of all the laws and regulations with the Islamic criteria, Article 91 provides that in order to safeguard the Islamic ordinances and the Constitution and to examine the compatibility with Islam of the legislations passed by the Islamic Consultative Assembly, Majles-e Shora-yi Islami (Majles), a council to be known as the GC is to be constituted with the following composition; six Muslim clergy, conscious of the present needs and the issues of the day, to be selected by the Leader, and six jurists, specialising in different areas oflaw, to be elected by the Majles from among the Muslim jurists nominated by the head of the judiciary.
24 One reason for some of the conflicts which shall be dealt with later, is the fact that the first draft constitution which was submitted to the Experts Assembly of the Constitution, by the Provisional Government of Mehdi Bazargan after the Revolution, had given in Article 113 the highest State power in the country to the President and there was no such institution as the ruling of the Islamic jurist, Velayat-e- Faqih in the draft.