The Desirable Mechanism for Review of the Governmental Regulation by the Islamic Jurists of the Guardian Council through the Administrative Justice Court

Lack of prediction of systematic and continuous mechanisms for review of the governmental regulation by the Islamic jurists (Fuqaha’) of the Guardian Council has made the current mechanism of commenting regarding the inquiries of the Administrative Justice court as the most important and stable mechanisms in this field. Hence, in accordance with the present precedent, whenever one of the governmental regulations is objected before the court and all or some of the complainant’s references are contrary with the “Sharia criteria”, the case would be sent before the Islamic jurists of the Guardian Council. Examining the legality of the subject and holding a decision would be done after the decision of the jurists. The findings through a descriptive-analytic research and examination of the decisions of the Islamic jurists and the Administrative Justice Court indicate that the present mechanism is faulty and defective due to lack of precise examination of the subject of the complaint in the court prior to submission of the regulation before the jurists of the Guardian Council”, “lack of tools and requirements of trial in review process” and “dependence of the Shar’i decisions of the jurists to the legal decision of the court”. Therefore, the proposition is to prioritize the proceeding of the court in comparison to the jurists’ proceeding as a necessity in order to resolve the problems and disruptions presented, the full realization of the rule of law, observance of the norms hierarchy, decreasing the prolongation of proceeding and non-imposition of redundant or surplus costs to institutions related to legal and jurisprudential review.