عرفان سهرابی

According to multiple principles of the Constitution, laws must be based on Islamic standards and in accordance with the Constitution. Considering Articles ۹۱ to ۹۹ of the Constitution, the responsibility for determining this matter lies with the jurists of the Guardian Council and the legal experts of the Council. The aforementioned principles designate the members of the Guardian Council as the authority for safeguarding and protecting Islamic standards and the Constitution as sources for religious and legal oversight over ordinary laws. Given this significant and crucial duty of the Guardian Council regarding the approval or disapproval of bills sent by the Islamic Consultative Assembly, there are instances where the Guardian Council has chosen to remain silent on certain matters and has refrained from fulfilling its duties for reasons that will be clarified. In these cases, according to the enforcement guarantees mentioned in Article ۹۴ of the Constitution, the bills, after the specified period for the Guardian Council's opinion as stated in Articles ۹۴ and ۹۵ of the Constitution, have become law. It is undesirable in society to witness laws that contradict Islamic standards and the Constitution, as this leads to a lack of trust in such an institution as the guardian of the Constitution and Islamic standards. This research will examine the laws that have become law in the process of legalization without any opinion from the Guardian Council.