Current Iranian legislation

The current Iranian Constitution is dominated by the sovereignty of Islam and its clergymen. As stated in Article 4 of the Iranian constitution all laws and regulations that include civil, criminal, financial, economic, administrative, cultural, political and military probabilities are based on Islamic principles.

The Islamic Consultative Assembly or Majlis consists of 290 elected officials. These representatives are elected by the Iranian people during a secret ballot. The Majlis is empowered to enact laws on virtually every matter according to the Iranian Constitution’s Article 71.

They are, however, prohibited from enacting any laws that are deemed as contrary to the principles and rules of Islam or to the Constitution. Any conflicts that arise from the enactment of laws is dealt with and decided upon by the Council of Guardians as stated in Article 72. It is the primary function of the Council of Guardians to safeguard the rules of Islam and of the Constitution.

The Council of Guardians consists of twelve people. These twelve people are comprised of six Faqihs who are appointed by the Supreme Leader and six Jurists who are elected by the Majlis or Islamic Consultative Assembly. All legislation that is passed by the Majlis is required to be sent to the Council of Guardians for evaluation.

If the Council finds any inconsistencies between the legislation and the laws of Islam or the Iranian Constitution, then the Council will return it to the Majlis for a review. If no inconsistencies are found then the legislation is deemed enforceable.

The Regime’s Expediency Council is in a co-existing state with the Majlis. The Regime’s Expediency Council convenes at the order of the Supreme leader to resolve any cases that exist in which the Council of Guardians finds approval of specific items by the Majlis to be against the principles of the religious law or Sharia and the Constitution.

When the Majlis is not able to satisfy the Council of Guardians even after they have reviewed the offending law, then the case is sent to the Regime’s Expediency Council. The Council also convenes to consult on other matters as deemed appropriate by the Supreme Leader.

Members of the Regime’s Expediency Council are appointed by the Supreme Leader and regulations that are related to the Council are prepared and approved by them and then ratified by the Supreme Leader.
In a democratic regime the Parliament is permitted to enact legislation to protect the decisions of its members.

Parliament members are elected by the Iranian public. In the Iranian legislature, the Regime’s Expediency Council has the power to overturn legislation by the Majlis even though the members are elected by the direct vote of the Iranian people. For this reason, the Council is only permitted to oppose public will.