The Approach of the Guardian Council's Jurists in Confronting the Private Ownership and Public Interest; a procedural study

The formation of the legal system and the emergence of the relationship between government and people has caused conflict between private ownership and public interest. Given that the superiority of each of private ownership or public interest over another causes loss and damage to the other, preference of public interest over the rights of private owners and vice versa requires the reason. This article seeks to explain the approach of the Guardian Council’s jurists and to evaluate the evolution of their attitudes in confronting the acts restricted the private ownership to provide public interest so as to indicate that in some cases the private property has been limited in line with providing public interest despite the protection of the proprietary rights of the individuals by the Guardian Council’s jurists. Through analysis of the collected resources, two criteria of "necessity" and "expediency" are evaluated in which the Guardian Council’s jurists have restricted and deprived the powers of the owners with referring to them in jurisprudential supervision on the acts of the Islamic Consultative Assembly and also in response to inquiries of the Administrative Justice Court. The modified approach in the procedure of the Guardian Council’s jurists in supporting the domination of the owners has promoted the protection of the public interests and attention on it, in which its guarantee requires explanation and stipulation of objective and specific principles and criteria by the Guardian Council’s jurists.