مرتضی پورسلطانی

  The special features of the constitution, such as the limitation of the contents and the difficult process of amendment and completion, along with its functional features and the need for stability and durability, have caused that in many cases, this law has the ability to reflect the rulings corresponding to all concepts and institutions in social relations at the level does not have the political society and with the passage of time when faced with many phenomena, the constitution lacked a negative or positive ruling corresponding to that issue or its surrounding issues and in other words it has remained silent in that area.Based on the principles of the Constitution, the Islamic Council has general legislative authority. Although at first glance, the general legislative authority of the Islamic Council shows the possibility of the legislative branch entering the silence area of ??the constitution; However, the limitation of this general competence to the limits of the principles and rulings of the official religion of the country and the constitution makes it necessary to present a correct explanation of the legislative competence of the Islamic Council in the field of the silence of the constitution in order to create harmony between two things: First, the general legislative competence of the Council Islam should not be restricted for no reason, and secondly, the danger of violating the constitution should be avoided.Although the interpretation of the Constitution by its official interpreter seems to be the primary solution to remove the silence of the Constitution; But it should be noted that the interpretation of the constitution is an act close to the change and transformation of its principles, and in order to maintain the stability and stability of the constitution, it should be avoided until it is absolutely necessary, therefore, the entry of the Islamic Council into the silence of the constitution is a necessary matter. However, the acceptance of the right to legislate in the area of ??silence of the constitution for the Islamic Council must be accompanied by conditions to prevent the violation of the constitution. By using the right method to understand the constitution, the most important of these criteria can be considered as the result of the concepts and superior principles of the constitution, which have been discussed in this research. Examining the procedure of the Guardian Council in the discussion of the implementation of the resolutions of the Islamic Council with the Constitution shows that in many cases, this Council agreed with the legislator's entry into the silence of the Constitution and did not consider it to be contrary to the Constitution, and in some cases, when commenting on the conformity of the resolutions Parliament has implicitly taken the above criteria into consideration with the constitution.