پيشينه و ادله نظارت استصوابي شوراي نگهبان

Guardian Counsel: background and reasons for its approbatory supervision

Based on the constitution, article 99, the Guardian Counsel, is obliged to supervise elections. According to the interpretation of the Guardian Counsel, the supervision is approbatory. Their interpretation is surrounded by many questions. Though these questions are answered more than once, they are frequently asked by rivalries especially at the time of election. Thus to assess this interpretation and answer the critics seem necessary. The present article deals with approbatory supervision from a juristically comparative angel. Supervision has a long history in jurisprudence and determining its kind is based on an agreement. In case the supervision is absolute, most jurists are of the view that this kind of supervision includes information based supervision and approbatory supervision. Since approbatory supervision has a long history it is not limited to laws of the Islamic Republic of Iran, Guardian Counsel, constitution, or the laws made after the victory of the Islamic Republic of Iran. It can be traced back to pre revolution era.