Document Type : Research Paper

Authors

• Marzye Mohammadabadi ¹
• Hamed Nikoonahad ²

¹ Master of public law, Qom University

² Assistant Professor , Department of Public Law and Economic, Shahid Beheshti University, Tehran, Iran

Abstract

One of the most important duties of the constitutional reviewers The constitution is to review the ordinary law in terms of their non-contradiction with the constitution in order to ensure and guarantee the fundamental principle of the supremacy of the constitution in the field of legislation. In the system of constitutional law of the Iran,the parliement is exclusive authority to enact ordinary laws according to principles 58.71 of the constitution,and the Guardian Council, according to, articles 72,91 94 of the constitution, has the of review the non-contradiction of the measure with the constitution. Since the process and mechanisms foreseen for the perform of this type of review are not comprehensive, in practice we see legal deficiencies in guaranteeing the supremacythe Constitution.The present article is based on an analytical-critical approach and by studying the procedures for identifying damage in the mechanisms of the Guardian Council review of the normal law.The findings of this research show ""Failure to foresee a specific mechanism for the review of the Guardian Council on normal laws before the formation of the parliament Among most important damages in the review mechanisms of the Guardian Council is guaranteeing the supremacy of the Constitution over the ordinary law.

Keywords

• Supremacy of the constitution
• Article 94
• guardian council
• ordinary law
• constitutional review

Main Subjects

• Public Law