ارزیابی فراملی یک قانون اساسی
Transnational Evaluation of a Constitution
?Who, When and How
ارزیابی فراملی یک قانون اساسی
چه کسی، چه زمانی، چگونه؟
نه تنها اغلب انواع دولت ها و روش اداره آنها متاثر از عرف های فراملی و اجبار قواعد بین المللی می باشند، بلکه قوانین اساسی نیز به عنوان شالوده حکومت قانون و شکل دهنده استقلال، تحت تاثیر مقررات برخاسته از ابعاد افقی مفاهیم فراملی می باشند؛ با عنایت به پیشرفت های کنونی در حقوق تطبیقی معاصر، بصورت کلی، نیاز به روشی برای ارزیابی قوانین اساسی بر اساس ساختار و اصول فراملی که بتواند چارچوب نظری یک قانون اساسی را ترسیم نماید در حال شکل گیری می باشد؛ سیر قانوگذاری های اخیر قوانین اساسی در کشورهای عربی پس از آغاز بهار انسانی شروع شده در کشورهای(تونس، مصر، لیبی و ...) و تفاوت های ایشان، روندی از این نیاز را نمودار می سازد؛ از آغاز تا پایان، نحوه ساخته شدن یک قانون اساسی، نوشتن، تصویب و اصلاح آن، جامع و مانع بودن آن چگونه می باشد؟ این موضوع در مقاله ارائه شده اینجانب در نهمین کنگره حقوق اساسی "چالش های حقوق اساسی، جهانی و محلی" که در خرداد 1393 در دانشگاه اسلو برگزار گردید، مورد بحث و بررسی قرار گرفته است. در ادامه می توانید متن اصلی این پژوهش را مطالعه نمایید.
Abstract
- Transnational Evaluation of a Constitution
- 2. Transnational Standard of Who in Constitution Making
2.1 . Analysis of maker
2.1.1 Voters Evaluation
2.1.2 Representatives Evaluation
2.1.3 Assembly Evaluation
2.1.3.1. Types
2.1.3.2. Features
3. Transnational Standard of Time in Constitution Making (Revolutionary or Evolutionary)
3.1 . General and Partial Approbation
3.2 . Permanent Assay
3.3 . Periodical Corroboration
Conclusion
Abstract
Not only most types of states and governments[1] effected by transnational customs and force of international rules but also constitutions, as a base of rule of law shaping independence, however depends on provisions arising from horizontal dimension of transnational concepts.
At all, there is need of method of evaluation of constitutions by transnational order and principles, which can theoretically configure a framework of a constitution. From beginning to end how a constitution ought to made, write and approve and change (not causing revolute), what ought to be in or out of a constitution, how should an effective fundamental right draft in constitution and etc.
Recent constitution writing after revolutions[2] took place by revolutionary people after falling down (not planned before) of another constitution (which somehow suit) in a rotary attitude and as a consequence, this kind of constitution is violating in nature, unstable and sentimentally, may cause changes in close future.[3]
This paper tries to develop transnational constitutional standards, which may enable evaluation of a constitution, with focuses on the preliminary standards of writing constitution, who, when and how may draft and approve a constitution with a look to recent revolutions; going to find fair answers to who entitle to draft? When is the proper time to change and revise? Finally, how these answers seems proper in transnational?
Key words: Rule of Law, Transnational, Principles, Revolution, Evaluate
[1] – Kingdom or Republic, Islamic or Secular, Federal or Unitary, Democratic or Dictatorship and any other types.
[2] – Tunisians, Libyans, Egyptians.
[3] – France, Islamic Republic of Iran and above mentioned revolutions, particularly Egypt, experienced further revisions of constitutions soon after their approval because of rotary attitude of changing.
- 1. Transnational Evaluation of a Constitution
Rule of law from a theory to universal concept, not only creates harmonized international norms but also uniformed transnational norms; as an evidence, however different in result, comparative look to constitutions shows many formal and theoretical commonalities. Separation of powers,[1] individual (not a council) head of government,[2] council of ministers, legislature forms, legislator election, terms of service, duration of powers, governmental divisions etc. may interpret transnational effect of constitutions, which is going on.
Growing number of constitution making experiences in transnational comparison, closes to a common model of framework and norms,[3] in which, similarities of this process may raise transnational standards, therefor theoretical evaluation of others, particularly in new born of Arab springs, seems reachable. While vertical dimension of transnational concepts refer to international norms and customs in constitutions, horizontal look after similar and common forms and shapes in constitutions with an equal view of same level or echelon.[4] As a same form of transnational type, Pakistan, Mauritania, Iran and Afghanistan constitutions pretend Islamic Republic in transnational and international introduction, but there exists so many substantive differences; the same happens in Islamic, Republic, Democratic[5], People’s, Separation of powers stated forms, however completely distinct. Transnational evaluation tries to design a theoretical method of collecting and comparing any ostensible form related to constitutions, in a same level; proposed model endeavor to rate legislation with discovered merits, positive and negative points of constitutions in partial and totality. Partial may refer to any part of legislation, here particularly first electors, legislators, participants of referendum and matter of time and situation, while not negate others like number, order and structure of articles, principles and chapters. At the same time totality refers to all together as a body which might draw an overview to predict performance, stability, reliability, modernity, segmental periodic and live survey, correction capability and other characters may related to a constitutions. In this system of evaluation, existence and absence of any subject may be useful.
2. Transnational Standard of Who in Constitution Making
1) Analysis of maker
Who is the maker of law? Alternatively, who does enact and amend the laws? Legislature,[6] in this topic, who entitle to draft and approve constitutional law of a country? Term, “who” as the subject of constitution making in rule of law and democratic view, refers to rule and role of people and its general framework would be drawn by international law sources like United Nation Charter (UNC), Universal Declaration of Human Rights (UDHR),[7] European Charter of Fundamental Rights, Cairo Declaration of Human Rights in Islam (CDHRI) and similar sources. Transnational term for lawmaker is usually a derivation of the national term for the legislature; Assembly, Parliament, Majlis, Council, Senate, House of Representatives and Congress, different type but common in lawmaking and representing people; result in legislature and legislators which in transnational, can divide into voters and representatives and simultaneously present assembly as the horizontal dimension of constitution maker. In proposed model, voters and representatives may together appear in constituent assembly and such legal person considers as an exterior of “who” in constitution making.
In this approach, possible evaluation starts from evaluation of voters, representatives and at last the assembly but by lack of any other type of transnational legislature, so-called assembly may presume as prerequisite and as a standard name “Establishment”.
In another approach, evaluation of the assembly needs evaluation of voters and representatives for checks and balances, which may guarantee stability of democratic constitution for prevention of violating revolution; through this, responsibility of legislature and legislators in constitutional level, will shed light on constitution making from the beginning to the end.
This method of evaluation with further and continuing standards helps rule of law and democratic approach to balance a constitution and enable major reform democratically while presenting standards to recognize democratic and anti-democratic law making process. The proposed model of evaluation intend to cover constitutional issues related to creation and performance, any change such as revision or reform of shape or content for any reason, based on general principles of law founded in most legal systems and common understand of international principles. The method is looking for a way of guarantee, by which constitution understanding become easier.
Following remarks divided to voters (part one), representatives (part two) and assembly (part three) that latter part discover types and features.
1)1) Voters Evaluation
Who may select or elect representatives or so called legislator of constitutional legislature? Who cannot? What are the legal discrimination in this area? Age, sex, capacity, place of resident, relation to a party, academic or criminal background, property, religious or etc.?
Answer of this question may light the general composition of the constitution assembly and so on, the constitution. In an ordinary and presumed society, as a transnational standard, it seems that there might be no discrimination or compulsion. In a democratic sight, everyone should be free to vote or not; for example revolutionists, may allow not the previous or some of public vote, or even may a allow children or youth without efficient experience to participate in the election and use their lack of knowledge and excitements.
In general, while the principle of freedom to vote or election might equally preform for every national of a country. Discriminations should only appear for a better constitution. For example age, how nonparticipation of a 15 years old child would be justified? Can we use the same method for rising the age limitation to 30 since the constitutional election needs more experience and vision of constitutional law?
While every country with different population needs several difference discrimination, the transnational common principle is freedom of election of able persons. Discrimination should execute not in sex but in age and acceptable or minimum awareness of constitutional issues. Minimum standard for this matter might start from “nondiscrimination of electors” and any legal and good discrimination may rise or reduce the ranks.
1)2) Representatives Evaluation
Who may elect by public or who may select the constituent legislator? What are transnational characters of a constitutional legislator? Who cannot?
However, there are not limited number of principles and standards related to legislators, minimum and higher standards may determine and added time to time.
At the first stage, anybody without any discrimination as mentioned above may be candidate although further related merits and characters will limit them. Minimum transnational standards might start from sex distribution, age, any related background such as academics, legislation, criminal records etc. Higher standards like those that constitutional background such as decisions, writings, doctrine and so would add in continue. Sex distribution of population would be another element of higher standard; since women are always large part of any society, related amount of legislators would be part of the constitutional legislators, and for instance, if female population in a country were 60%, the higher rank would give to an assembly with the same percent of female members. Moreover, any other characters like number, profession of legislators are also effective; at all this field of standards can call “general maturity of legislators”.
On the other hand, main transnational standards of voters and public representatives, person entitled to vote and elect, may determine by pervasive base as well as the principle of self-determination, nondiscrimination and right of equality in human beings.
1)3) Assembly Evaluation
In detail, any other character of the assembly[8] such as its type and feature in general and in particular, way of creation, discrimination[9] of voters, number and profession of members, authorization or competence, ways of enactment and approval, number of professions, representativeness of all people and any other related issues can add for more or less positive or negative rank.
In continue, assembly types and features regard to process of concentration of civil society to assembly, like discrimination, participation and addable adjectives would consider for higher evaluation.
1)3)1 Types
Public elected, government selected, way of public participation; good, bad or legal or illegal discrimination of voters; interim or permanent assembly; general or professional representatives; use of experts and doctrines; existence of external observers; revolutionary or evolutionary approach and other types can be transnational. However, different types, common purpose of rule of law and common makers are two central elements of evaluation. Ability of performance and people distance to representatives may changes the rank.
1)3)2 Features
Although established by direct vote of public, some assembly do not represent all people and do not let particular group of people to vote or some groups to have candidate, in general transnational view, these type may not evaluate as high standard. Number of assembly members, their professions, their age and sex and any other discrimination as mentioned above, may also affect the rank. In an example of Arab spring, Egypt constitutional assembly dissolved by its Supreme Administrative Court, judging that the assembly was “unrepresentative” for involving too few women, young people and minority representatives.[10]
Whereas lack of participation of opposition parties or exoduses, because of revolution is also a feature, which may rank negative, existence of voters and representative outside of country or independent profession such as judges, persons of high moral character, even regardless of their nationality, who possess the qualifications required in their respective profession, may evaluate positive.[11] In other example, Tunisian National Constituent Assembly (NCA) represents voters both at home and abroad and elect 217 representatives to the NCA, among whom 199 are in Tunisia and 18 representing Tunisian expatriates in Europe and North America.[12]
Since the revision of constitution considers as a kind of making, therefor it might add to transnational evaluation of “who” too. Usually in revisions, the dominant power takes the power not to let any unwanted revise, or change the composition of assembly for further reform, indurate and intensify the establishment or composition; it seems that type and features of establishment should follow for revision too.
No parliament can change the others enactment and each entity can just change and revise through the same standard form of enactment or higher judgment.[13] Just in revolutions and such situations, there is need of standard assembly for the creation, after first approval, transnational standard may be the same way of enactment or a higher entity like constitutional court, evaluation of effectiveness and satisfaction of constitutional performance. The same who, or same power should be the reviser and if an assembly or constitution presume not the methods of revision or revision person change in future, rank would be low.[14]
The Assembly of Experts,[15] Islamic Republic of Iran constitution maker (after 1979 revolution) did not mentioned any reviser after itself and by 1989 amendment, a different composition of legislators came out.
While the 1979 constitution made by election, 1989 made by order and selection of leader, while the base constitution did not mentioned any revision model, the 1989 add an article with a special composition of selected members which has particular and special administration method of establishment[16] while both mentioned some rules unalterable(even by referendum), the second (1989), increased them.[17] In this content, while “Presumption of soft and democratic revision” would rise the rank, use of “unalterable” principles or topic deduct it and cause negative point.
For another instance, Bahrain constitutional amendment[18] designate the final approval by a two-thirds majority of the members of whom both the Consultative Council and Chamber of Deputies are composed and then must be approved by the King. The king approval, as he might not be the people representative, should evaluate negative. At the same level, the United States constitution,[19] which is an old, but modern in this kind, describes the process whereby the constitution may altered.
- 3. Transnational Standard of Time in Constitution Making (Revolutionary or Evolutionary)
When is the proper time to change and revise a constitution? How this result comes out? Does the base of any legal systems need to change completely? Why a revolution needs change of constitution, would such kind of change happen normally and democratically?
Through transnational experience, if any constitution has an observer or resume performance examination and legal effectiveness or public satisfaction with periodical check or any method of recognition of need of change, the result would be a standard and democratic constitution. As an evidence, revolutionary attitude, excitement of change, irrational changes may not create and stable constitution which character is necessary for countries national improvements or international merits.
Need of democratic challenge of any constitution by appropriate means is evitable in pass of time. Furthermore, experience of any legal problem or disability of a constitution especially in new or revolutionary types is much probable. Constitutions time issues on examination of performance, balances and reaching stated goals may determine by itself. Assuming ways of periodical and general assay would add to standards, as the base would be the examination model called “self-examination”. Proper example would be France, Egypt and Iran revolutionary constitutions.
The current Constitution of France adopted 1958 (Constitution of the Fifth Republic) replaced that of the Fourth Republic dating from 1946[20] and this one replaced the 1940 too.
The Constitution of the Arab Republic of Egypt passed in a referendum in January 2014 while amending the 2012 constitution, which shows lack of “self-examination”, and rotary attitude.
In addition, Islamic Republic of Iran[21] constitution both had major changes, after revolutionary attitude of approval. After their revisions of evolutionary, balanced for a better duration, however hesitating for some more changes in future. While 1979 constitution did not assume any probable revision or way of amending and stated unalterable issues; after 10 years of performance, due to several conflicts of Prime Minister, President and Supreme Leader (different personality of executives), in a necessary revision, prime minister omitted for a better balance of executive power. In addition, Exigency Council[22] added for conflicts of Parliament and Guardian Council[23]. In this line for there is need of three kinds of challenges to avoid revolutionary and use of evolutionary attitude to constitutions in respect of democratic approach.
As a matter of time related with how, a constitution may divide to articles, chapters and a whole body, which may need, “Permanent Assay”, “Periodical Corroboration” and “Partial Approbation”.
1) General and Partial Approbation
Since any constitution has detail parts such as article, chapter and the whole body, a referendum or approval of all as all in one seems not fair.
For example, in Arab Springs especially in Egypt, first will of public was fall down of a particular leader or president but as in rotary attitude of revolutionaries, some parties took the power and changed other parts of a constitution.
It seems necessary for a constitution to not to change articles and parts of itself which has a general acceptation of the public. This should come through referendum of partials. An article, a chapter or a topic and in final the whole body.
However difficult, partial and general approbation of a constitution may guarantee accurate will of public.
Time matter and evolutionary attitude in this line may help improvement and use of transnational experiences, by which find parts to change and revision and other parts not change. Necessity and deepness of revision and change of a constitutional part like articles or chapters seems available.
2) Permanent Assay
As supplement and higher standard of, constitutional and other types of legal and permanent courts such as constitutional court, which called “Judicial Review” helps assay of a constitution in pass of time. Creation of such bodies and as the base, constitutional, is transnational standard that seems much of useful. While more number of special and professional courts add to evaluation ranks, lack or low number, dependency and such characters of courts reduce it.
Other courts and similar bodies seems necessary for permanent assay or guarantee people’s rights.[24]
3) Periodical Corroboration
It may happen after all these types of methods, a need of change in constitution rise for the public and not for the governments. Or some changes happen during times but public cannot peruse their exact will, if a constitution creates a periodical corroboration in several regulated times for some particular types like what seen in four years of presidential election and governmental terms of service, there can be democratic way of corroboration. This methods may has two parts, one for the confirm of the correct performance of the whole part after the proposed time (term of service of major bodies like head of state or parliament) and the second need of probable change, namely that the constitution was executed rightly and it was correct. Corroboration provides a check on the quality of each major part of the constitution during several-mentioned time.
- 4. Conclusion
While there is no limitation, several standards for evaluation of maker, time and how of creation of a constitution may consider.
As who, whereas the base would be “Establishment” of an assembly; evaluation has three part, voters, assembly and representatives.
Whereas voters evaluation needs “nondiscrimination” as the base, evaluation of assembly as the legislature continues on “Representativeness”, “Effectiveness”, “Stability”, “Responsibility” and “Way of Public Participation”.
Moreover, evaluation of representatives as legislators may consider “Number”, “Professions”, “Distributions” and “Composition” of the assembly.
As the proper time and when of constitution making, whereas the process should be evolutionary, “Partial Approbation”, permanent assay by means “Judicial Review” through just authorized courts with the direct constitutional law, not by other and “Periodical Corroboration” for evaluation, helps the constitution way to it goals.
Theoretically, evaluation through transnational standards and experiences will light the future of a constitution. Transnational evaluation, international prospect and practical custom, would help creation and continues of democratic constitutions.
However not compulsory and not limited, definition and introduction of any standards dealing with existence or lack of an element for evaluation seems a theoretical necessity through which, better ways for improvement of rule of law and role of people comes closer.
[1] – Even in ethereal believed governments, especially Islamic States.
Article 4 of current Islamic Republic of Iran constitution said: “[Islamic Principle] All civil, penal, financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle applies absolutely and generally to all articles of the Constitution as well as to all other laws and regulations, and the wise persons of the Guardian Council are judges in this matter.” Although in continue article 57 mentioned: “[Separation of Powers] The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute religious Leader and the Leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.”
http://www.servat.unibe.ch/icl/ir00000_.html
[2] – Article 2 of Kuwait constitution said:” [State Religion] The religion of the State is Islam, and the Islamic Sharia shall be a main source of legislation.” While article 6 states:” [Democracy] The System of Government in Kuwait shall be democratic, under which sovereignty resides in the people, the source of all powers. Sovereignty shall be exercised in the manner specified in this Constitution.”
[3] – “Standards are a priori not binding and their application is voluntary… Standards to which reference is made are international standards, European standards and, to a lesser extent, national standards.” Gerhard Leibrock,Methods of referencing standards in legislation with an emphasis on European legislation, Enterprise Guide, P 3.
[4] – Aleksandar Momirov and Andria Naudé Fourie, Vertical Comparative Law Methods: Tools for Conceptualising the International Rule of Law, Erasmus Law Review, Volume 02, Issue 03 (2009), p 295,296.
[5] – Whatever its origins (and we will consider its origins) democracy has come to mean a principle or system to which most all political parties of the western world, no matter their political beliefs, would subscribe. It is politics. It goes beyond the periodic act of voting; it is characterized by participation in government, viz., involving members of the community in governmental decisions, allowing them to take part in anything at all which amounts to a public demonstration of popular opinion.
[6] – Legislative body, The American Heritage, Dictionary of the English Language, Fourth Edition, Houghton Mifflin Company.
[7] – General Assembly proclaims common standard of achievement for all peoples and nations, Resolution of General Assembly, Third Session, 10 December 1948, A/RES/3/217.
[8] – Tarek Mitri, the Secretary-General’s Special Representative and head of the United Nations Support Mission in Libya (UNSMIL) said: “This decision is an important milestone, paving the way for continued progress toward a constitution that reflects the needs, priorities, and aspirations of the Libyan people,”;. He has welcomed decision by the General National Congress (GNC) on the formation of the body that will be tasked with drafting the country’s new constitution.
http://www.un.org/apps/news/story.asp?NewsID=44084&Cr=libya&Cr1=#.UySKDvmSw7E
[9] – Principles of equal rights men and women, self-determination of peoples and principle of nondiscrimination to all human without distinction of any kind, such as race, colour, sex, age, language, religion, political and other opinion, national or social origin, property, birth, place of residence and other status.
[10] – “Egypt court suspends constitutional assembly“. BBC News Middle East. 10 April 2012. Retrieved 30 June 2012.
[11] – UNSMIL stands ready to assist the Libyan authorities throughout the electoral process at their request. Ibid.
The European Parliament’s 18 members asked the European Union to send an observer delegation to Turkey for local elections, on March 2014, in the letter said that recent developments in Turkey brought to light structural problems on such issues as rule of law, separation of powers, and respect for fundamental rights.
http://www.turkishweekly.net/news/164530/european-parliament-asks-for-observers-in-turkey-local-elections.html
[12] – “Backgrounder: Basic facts about Tunisian Constituent Assembly election”, Xinhua English News, 22 October 2011, retrieved 25 October 2011
[13] – Constitutional Court.
[14] – Since in separation of powers, legislators should be different individuals from the members of the executive and the judiciary, other entities cannot revise law other than the same entity of approval.
[15] – The Assembly of Experts for Constitution and the Assembly of Experts for Leader are two assemblies in Islamic Republic of Iran constitution.
[16] – Article 177 Revision: “(1) The revision of the Constitution of the Islamic Republic of Iran, whenever needed by the circumstances, will be done in the following manner: The Leader issues an edict to the President after consultation with the Nation’s Exigency Council stipulating the amendments or additions to be made by the Council for Revision of the Constitution which consists of: 1. Members of the Guardian Council;
2. heads of the three branches of the government; 3. permanent members of the Nation’s Exigency Council; 4. five members from among the Assembly of Experts; 5. ten representatives selected by the Leader; 6. three representatives from the Council of Ministers; 7. three representatives from the judiciary branch; 8. ten representatives from among the members of the Islamic Consultative Assembly; and 9. three representatives from among the university professors.
(2) The method of working, manner of selection and the terms and conditions of the Council shall be determined by law. (3) The decisions of the Council, after the confirmation and signatures of the Leader, shall be valid if approved by an absolute majority vote in a national referendum.
(4) The provisions of Article 59 shall not apply to the referendum for the “Revision of the Constitution.” (5) The contents of the articles of the Constitution related to the Islamic character of the political system; the basis of all the rules and regulations according to Islamic criteria; the religious footing; the objectives of the Islamic Republic of Iran; the democratic character of the government; the holy principle; the Imamate of Ummah; and the administration of the affairs of the country based on national referenda, official religion of Iran and the religious school are unalterable.
[17] – See paragraph two of above article.
[18] – Article 120 [Constitutional Amendments] “a. Exceptionally to clauses b, c and d of Article 35 of this Constitution, for any provision of this Constitution to be amended the amendment must be approved by a two-thirds majority of the members of whom both the Consultative Council and Chamber of Deputies are composed, and the amendment must be approved by the King. b. If an amendment to the Constitution is refused, it may not be re-submitted earlier than one year from that refusal. c. It is not permissible to propose an amendment to Article 2 of this Constitution, and it is not permissible under any circumstances to propose the amendment of the constitutional monarchy and the principle of inherited rule in Bahrain, as well as the bi-cameral system and the principles of freedom and equality established in this Constitution. d. The powers of the King stated in this Constitution may not be proposed for amendment in an interval during which another person is acting for him.”
[19] – Article 5: “The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, also as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”.
[20] – 1) The French Constitutional Law of 1940, adopted 10 July 1940, established Vichy France.
2) The French Constitutional Law of 1945, adopted 1945, established the Provisional Government of the French Republic.
3) The French Constitution of 1946, adopted 27 October 1946, established the French Fourth Republic.
4) The French Constitution of 1958, adopted 4 October 1958, established the French Fifth Republic, current Constitution in force.
[21] – 1979 revolutionary approval and 1989 revision of experimental challenges.
[22] – Article 112 [Exigency Council] “(1) Upon the order of the Leader, the Nation’s Exigency Council shall meet at any time the Guardian Council judges a proposed bill of the Islamic Consultative Assembly to be against the principles of Sharrah or the Constitution, and the Assembly is unable to meet the expectations of the Guardian Council. Also, the Council shall meet for consideration on any issue forwarded to it by the Leader and shall carry out any other responsibility as mentioned in this Constitution.(2) The permanent and changeable members of the Council shall be appointed by the Leader. (3) The rule for the Council shall be formulated and approved by the Council members subject to the confirmation by the Leader.”
[23] – Article 91 [Guardian Council] “With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is to be constituted with the following composition…”
[24] -See above [Guardian Council].
