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Motions and bills passed by the Majlis do not
automatically become law. The constitution has
provided for a constitutional council of sages known
as the Council of Guardians of the Constitution
(Shora-ye Negahban-e Qanun-e Assassi, Articles
91-99). The Gu ardian Council, as it is known for
short, is in effect an upper house of parliament
with the power to vote out the lower house's
resolutions. It is assigned to check the laws passed
by the Majlis, compare them with the provisions of
the Islamic canon and the constitution, and ratify
them, or return them to the House for being amended.
The
council has 12 members. Six are clerical Islamic
canonists and six others are civilian jurists. The
first group of six is appointed by the leader, or
the Leadership Council, and the second group is
elected by the Majlis from among candidates
nominated by the Supreme Judicial Council.
Members of the Guardian Council serve a six-year
term. Only in the first term, however, half of its
members, as determined by lots, were changed after
three years. The leader is empowered to reinstate
the Islamic canonist members of the council after
thei r six-year term is over. Article 93 of the
constitution has emphasized that the Majlis does not
hold any legal status, if the Guardian Council has
not yet been formed, except for the purpose of
approving the credentials of the MPs and the
election of six jurists to the Guardian C ouncil.
POWERS AND FACTIONS
The
Majlis is required to forward all its resolutions to
the Guardian Council. The council will announce its
opinion on them within no more than 10 days. It may,
however, request more time if necessary.
Regarding the compatibility of the legislation with
Islamic provisions, only the opinion of a majority
of the six Islamic canonists of the council is
valid, but concerning their constitutionality the
opinion of the majority of all members will hold.
The c ouncil members are required to attend Majlis
debates on urgent bills.
The
Guardian Council also has the duty of interpreting
the constitutional provisions, and its opinions in
this regard are valid by a majority of three-fourths
of its members. Other duties of the council include
supervision of the presidential elections, g eneral
elections and referenda. |