Critique of the reasons and interpretative justifications of the Guardian Council regarding the exceptions to the right of inquiry and investigation of the Islamic Consultative Assembly

Document Type : Original Article

Authors
fardin moradkhani 1
ebrahim sabighi valashani 2
maedeh saruni 2
1 Associate Prof in public law, Department of law, Faculty of humanities,Bu - Ali Sina university, Hamadan, Iran
2 MA. In Public Law. Department of law, Faculty of humanities,Bu - Ali Sina university, Hamadan, Iran
10.48315/qgl.2026.528904.1242
Abstract
The Islamic Consultative Assembly has two important functions: legislation and supervision. In the legislative dimension of the Islamic Consultative Assembly, the constitutional legislator has allocated the general legislative authority of the Islamic Consultative Assembly by inserting the phrase "within the limits prescribed in the Constitution". The supervisory dimension of the Islamic Consultative Assembly, one of the examples of which is the Right to investigate and examine and is mentioned in Article 76 of the Constitution, has no restrictions and limitations and, according to the Internal Regulations of the Islamic Consultative Assembly, can be proposed only at the request of representatives. The Guardian Council, in its capacity as an interpreter of the Constitution and the compliance of the resolutions of the Islamic Consultative Assembly with the Constitution, has so far excluded some cases such as the position of the Supreme Leader and the institutions under his supervision, the Assembly of Experts of the Supreme Leader, the Guardian Council, the Expediency Discernment Council, and ongoing cases of judicial authorities and matters of a judicial nature from the scope of this general supervisory authority of the Islamic Consultative Assembly. This research, using a descriptive-analytical method, seeks to examine the feasibility of the right of the Islamic Consultative Assembly to investigate and investigate in relation to the cases excluded in the Guardian Council's opinions. The finding of the present study is that the aforementioned interpretations and theories face problems such as inconsistency with other principles of the Constitution.
Keywords
Islamic Consultative Assembly
investigation
supervision
Guardian Council