Limitations of the Islamic Consultative Assembly in Law-making (the Article 71 in the Constitution)

Regarding the most important duty of the Islamic Consultative Assembly defined by the article 71 of the Constitution, this Assembly has a general eligibility to enact laws on different issues. There are certain restrictions defined in different articles of the Constitution which are placed on the law-making duty of the Consultative Assembly. For instance, it is stated in the article 71 that the Islamic Consultative Assembly is not allowed to enact laws which are inconsistent with the official religion of the country or the Constitution. This paper seeks to point out to these restrictions and show how this general eligibility is limited by legal principles. It is clear that explaining this issue through defining the relations of the Assembly with the other powers, especially executive power, and solving the legal problems of the political system are of great significance. Though this assembly has general eligibility in law-making, it – like the other powers – is subject to restrictions due to the governance of law. These restrictions have their roots in essential restrictions of the jurisdiction of the Assembly in law-making, the principle of superior position of the Constitution, the structural restrictions of the Assembly and eligibility of other authorities to make laws.