A New Approach to Legislative Signing In the Iranian Contribution

According to the Article 123 of the constitution of Islamic Republic of Iran “The President is obliged to sign legislation approved by the Assembly or the result of a referendum، after the legal procedures have been completed and it has been communicated to him. After signing، he must forward it to the responsible authorities for implementation”. In contrast to its seemingly simple wordings، there are some practical doubts about its meanings. Occasionally different presidents have refused to sign certain acts approved by Majlis. In spite of legislative efforts of Majlis in this field، Article 123 still is one of the most controversial articles of the Constitution. It seems that controversies surrounding this Article are of constitutional nature and therefore need constitutional interpretation. Different questions concerning legislative signing all are about the true meaning of the constitution and hence all are constitutional questions that require constitutional interpretation of Guardian Council. In addition، because the Constitution has mentioned the constitutional amendment procedure، Majlis cannot interfere in these matters by way of enacting ordinary legislation.