بررسی تطبیقی نقش حکم حکومتی و نظریه تفسیری شورای نگهبان در فرآیند قانون‌گذاری

مرضیه حاجی رمضانی; خیرالله  پروین; حسین  آیینه نگین

Authors

marziyeh Hajiramezani PhD Student, Department of Public Law, Kish Campus, University of Tehran, Tehran, Iran Corresponding author https://orcid.org/0009-0000-2027-3434
Khairullah Parvin Associate Professor, Department of Law, University of Tehran, Tehran, Iran Author https://orcid.org/0009-0007-4548-5813
Hossein Ayeneh Negin Assistant Professor, Department of Law, Tarbiat Modares University, Tehran, Iran. Author https://orcid.org/0009-0004-2417-4344

Keywords:

Government decree, Guardian Council, Constitutional interpretation, Legislative process, Velayat-e-Faqih

Abstract

This study conducts a comparative analysis of the role of the governmental decree (ḥokm-e ḥokūmatī) and the interpretive opinions of the Guardian Council in the legislative process of the Islamic Republic of Iran. The governmental decree, as a binding directive issued by the Vali-e Faqih (the Supreme Jurisprudent) for the administration of society and the resolution of systemic challenges, possesses the highest degree of both juridical and legal authority. In contrast, according to Articles 91–99 of the Constitution, the Guardian Council is entrusted with the duty of safeguarding the Sharia and the Constitution, as well as possessing the authority to interpret it. The central question is how the relationship and interaction between these two juridico-theological institutions are formed within the legislative process, and in cases of conflict, which one prevails over the other. The research method is descriptive–analytical and based on library resources, as well as a review of historical precedents and practical procedures. The findings indicate that the governmental decree, relying on the principle of the absolute guardianship of the jurist (velāyat-e motlaqeh-ye faqih), may, in certain cases, lead to the suspension of specific constitutional provisions. At the same time, the Guardian Council, by exercising its interpretive authority, has occasionally delineated boundaries for the implementation of governmental decrees, thereby playing a regulatory role vis-à-vis such powers. The comparative analysis further reveals that the interaction between these two institutions is not merely legal in nature but also influenced by political considerations and expediency, depending on the specific temporal and contextual circumstances. The study concludes that maintaining a balance between governmental decrees and the interpretive opinions of the Guardian Council requires legal reconsideration and the design of transparent mechanisms to harmonize their functions. Such mechanisms should ensure both the preservation of the overarching interests of the Islamic system and the protection of the fundamental principles of the rule of law and legal stability.

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