The Criteria of Diagnosis and the Scope of Legislative and Executive Affairs in views of Guardian Council

The Discussion about diagnosis between Legislation and Execution and necessity of exist of certain body for these actions have been always in attention to the states. Also In Islamic Republic of Iran, different conceptions from the principles of the Constitution about Legislation and execution specify more than before, the necessity of clarification of these criteria and in this regard, it seems useful to discover these criteria in the viewpoint of the Guardian Council as the legal reference of the Constitution’s interpretation. Therefore according to procedures of comments of Guardian Council since the first period up to the end of 8th one, the cases like the reduction or development of rules, the determination of criteria and limits for law, the determination of exemptions and exceptions for law, the decisions regarding the rights and freedoms of citizens, the preparation, formulation and definition of terms, the determination of amount of fines and penalties and etc are defined as Legislation actions and the cases like the appointment and dismissal of executives, the allocation and consumption of funds, the preparation of ordinance, the Submit of bill to Parliament, the holding of elections, the determination of administrative details and etc are defined as execution actions. Of course comments are observable that not obey those procedures.