سنجش آیین‌نامه‌نویسی شورای‌نگهبان؛ مبانی، قلمرو و نظارت‌پذیری

Regulation is one of the most effective and sensitive governance competencies. Using these regulatory tools, government officials directly and indirectly define behavioral frameworks for citizens. The Guardian Council, as the sole legislative body of the Constitution, has been established with unique powers in the Constitution, including the interpretation of the Constitution and the monitoring of elections. Consideration of the legislative record shows that the council, in order to fulfill its basic duties, has directly or according to the approval of the ordinary legislature, enacted various regulations. This paper is concerned with identifying the justifiable basis for the Guardian Council's by-laws, the thematic and judgmental scope of this jurisdiction, and the possibility of overseeing the Council's approved regulations. The research findings show that the Guardian Council has the authority to write regulations in accordance with the provisions of the Constitution and their administrative requirements. The scope of the Council's jurisdiction in regulations is thematically limited to the powers provided for in the Constitution and is mainly the subject of Articles 4, 85 and 91 to 99. The limits of this council's competence in terms of jurisprudence, loyalty to the texts of the constitution, observance of the jurisdiction of other institutions and the pillars of constitutional rights, as well as the necessity of enforcing the rule. In terms of oversight, it has been concluded that the judicial oversight of the Administrative Court of Justice does not negate the independence of the Council and requires the guarantee

Keywords:

شورای نگهبان , آیین ‌نامه نویسی , اصل 99‌ قانون ‌اساسی , اصل 138‌ قانون ‌اساسی , نظارت بر شورای ‌نگهبان