Reflective on the jurisdiction of the Expediency Council in Confirme acts in conflict with the constitution

Expediency Council in 1366 on orders of Imam Khomeini (Rhmtallhlyh) was formed. During the revision of the constitution in 1368 the Assembly was identified in the constitution. With the formation of this body, the Expediency Council's statutes in cases where the Guardian Council deems contrary to Shariah law or constitution and parliament insists on the need to approve the legislation, it was within the competence of the Assembly. With the formation mechanism by the Expediency Council, one of the questions that have been raised about the competence of the Assembly to fulfill this role. This article seeks to answer the question of whether the convention could decree that the Guardian Council was inconsistent with the constitution even if inconsistent with the constitution be more explicitly approved or not, who explored this cross-sectional manner and basing the principles of the constitution and fundamental rights, the outcome but did not find the answer to the above question. The Assembly has the authority to approve legislation inconsistent with the Constitution is not explicit.Therefore, the competence of the Assembly is limited to the cases in which the opinion of the Guardian Council and the Assembly is different from the Constitution.