How to realize the idea of supervision of jurists in the Constitution of the Islamic Republic of Iran

Abstract

One of the issues considered by the clergy after the victory of the revolution was the supervision of legislation, which was realized in the form of the principles of the Guardian Council in the constitution. The question of the present article is how the idea of jurists' supervision of the parliament's approvals in the form of the principles of the Guardian Council was proposed in the constitution and was approved by the council of constitutional experts. The present article, using the main sources and the conducted researches and relying on the descriptive-analytical approach, came to the conclusion that the following factors caused the current of Islamic Jurisprudence to gradually include its desired principles in the Constitution approved by the Assembly of Constitutional Experts. Incorporating the principle of jurists' supervision over the parliament's approvals in the drafts of the constitution; acceptance of the principle of jurisprudence supervision over legislation by the representatives of political currents present in the Majlis of Experts; Dominance of the representatives of the Faqahati Islamic Movement in the Assembly of Constitutional Experts; The hegemonic discourse of Islamic jurisprudence after the approval of the principle of "jurisprudence". As a result, the principles of the Guardian Council were approved by the representatives.