Reflection on the Basis and Approach of the Guardian Council to the Non-Stipulated Discretions of the Supreme Leader in the Constitution

Non-Restrictiveness of the stipulated discretions of the Supreme Leader in the Constitution is the approach of the Guardian Council proved by the decisions and precedents of this Council. This approach hasn’t also changed before and after the amendment of the Constitution, and with the addition of the “absolute” clause to the Article 57 of the Constitution. This research seeks to besides proving the non-restrictiveness of the Supreme Leader discretions in the view of the Guardian Council, explain and analyze this approach. Based on the studies conducted, in cases where the Guardian Council positively and preliminarily considers some non-stipulated issues under the competence of the Supreme Leader and legislation regarding these issues are subject to its permission, the foundation of the Council’s views are the jurisprudential competence of Vali-e-Faqih in administering the Hesbe affairs (Special Velayat). In these exceptional cases based on the Constitution and prevailing precedent of the Guardian Council, the Islamic Consultative Assembly has the authority to legislate regarding the Hesbe affairs. However, in cases where the Guardian Council has prohibited the Islamic Consultative Assembly to legislate in a specific area due to the authority of the Supreme Leader, the basis of such approach is the acceptance of the Absolute Guardianship of the Jurist (absolute Velayat-e-Faqih) which empowers the Supreme Leader to issue a governmental order. Based on legal principles, the Constitution and some decisions of the Guardian Council, the Islamic Consultative Assembly has the authority to legislate in these areas in the framework of the Supreme Leader orders.