Document Type : .
Authors
1
PhD student in Department of Public Law, NT.C., Islamic Azad University, Tehran, Iran.
2
Associate Professor, Department of Public Law, Shahid Beheshti University, Tehran, Iran
3
Assistant Professor, Department of International Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
10.30465/cps.2025.50499.3476
Abstract
This article aims to critically analyze the role of the Guardian Council in achieving good governance and safeguarding citizens' fundamental rights within the legal system of the Islamic Republic of Iran. The research, adopting a descriptive-analytical approach and relying on documentary sources, explores the theoretical and practical dimensions of good governance and indicators such as the rule of law, transparency, accountability, justice, efficiency, and respect for human rights. The position of the Constitution at the top of the normative hierarchy and the Guardian Council's role in ensuring the alignment of parliamentary decisions with the Constitution and Islamic law, interpreting fundamental principles, and providing religious oversight of laws—especially in areas like the legality of punishments, civil rights, and political participation—are critically evaluated. The findings show that the Guardian Council, as the official interpreter of the Constitution and overseer of the conformity of laws with Islamic principles, plays a key role in ensuring the rule of law. However, a general reliance on religious standards without a clear explanation of their jurisprudential foundations sometimes leads to ambiguity and slows down reforms. The article emphasizes the need for transparency, well-supported reasoning, and clear exposition of the theoretical and jurisprudential foundations in the Council's rulings.
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