The Guardian Council in the Constitutional Laws of the Islamic Republic and a New Reading Based on Imam Khomeini&#039;s Approach

Baghi, Maryam; Mohammadi Gorgani, Mohammad; Gorji Azandriani, , Ali Akbar

doi:10.22034/matin.2026.515780.2356

The Guardian Council in the Constitutional Laws of the Islamic Republic and a New Reading Based on Imam Khomeini's Approach

Articles in Press

Document Type : Original Article

Authors

maryam baghi ¹

mohammad mohammadi gorgani ²

, Ali akbar Gorji Azandriani ³

¹ Islamic Azad University- Tehran North Branch

² Professor of Law faculty of ALlameh tabatabai university

³ Associate professor Department of Law, Shahid Beheshti University

10.22034/matin.2026.515780.2356

Abstract

The experience of the Guardian Council &the challenges of this institution during the Islamic Republic period became the background and motivation of this research with the aim of finding a solution to overcome the challenge.This article, with the library-document method, is a comparative study of the Guardian Council in the two constitutional laws and the Islamic Republic.with reference to the similar European institution&stating their differences, as well as the advantages&shortcomings of the Guardian Council, and making a proposal in order to improve The Guardian Council deals with&finally wants to solve the problem of the relationship between the new political science&Sharia through the theory of building a new institution as an alternative to the Guardian Council.

The idea of forming a new parliament, which in this treatise has been called"Senate"according to the world's parliamentary custom and can have other names, is the focus of article discussion.

The result of the research is that by transitioning from legal epistemology and examining its legal documents, it provides a solution for democratizing the Constitutional Council as well as how to monitor legislation."The Senate" is sometimes proposed by some researchers as a general idea, &in this treatise, the theory of the Islamic Senate is formulated

Keywords

Constitutional Council"

Constitution"

constitutionalism"

Senate"

, "

Constitutional Court"

Subjects