The status of the Islamic Councils in the legal system of the Islamic Republic of Iran

This article is intended to investigate the Islamic Councils status in the legal system of the Islamic Republic of Iran by reviewing the Councils and other governmental bodies in light of the constitution and other laws and regulations governing administrative bodies. Decision-making and monitoring functions of the Islamic Councils distinguish them from executive or legislative powers. Regarding to the criteria and principles governing political institutions, it will become clear that the Councils could not be situated within the three branches of government. Given the ambiguities and contradictions in the legal system of administrative agencies and legislative inattention to the nature of administrative bodies, it is difficult to have a definite opinion on the subject. Although the councils by their nature can be considered as non-governmental public institutions but it is more accurate to recognize them as governmental institutions, due to Article 2 of the Government Service Management Code which provided that “all organizations mentioned in the Constitution are known as the governmental agency”.