News ID: 51
In the Iran of today, some groups considering themselves modern and enlightened claim that the approbatory supervision of the Guardian Council over the Majlis legislation is irrational and non-democratic. They call for shrinking the influence of the Guardian Council. But, by observing the observatory systems of other countries, many instances of such supervision can be discerned.
Publish Date : 10:24 - 2015 October 21

1.Approbatory supervision in the United States

Oversight on America’s legislation is held through judicial venues. The judges of the supreme court of the United States are nine people who are chosen by the president and will be in their positions for lifetime as long as they have not committed a bad act. In addition to checking the congress legislations with the constitution, the US Supreme Court also oversees elections in the country.

2.Oversight on laws and elections in France

The control and oversight on laws in France are conducted in a political way, unlike the US the task is relegated to a political, and not legislative, body. Accordingly, in 1955 the oversight of laws and their checking with the French constitution was laid on a body called the council of the constitution. In article 61 of the French constitution we read: Basic laws before they are formed and internal laws of the Parliament before execution should be given to the council on the constitution so that it may ratify them against the constitution. According to the article, whenever the constitution council recognizes a law to be against the constitution, the government would not be able to enact it. The decisions of the council cannot be plead and are only to be observed. The talks and decisions of the council are not publicly distributed. Only the outcomes are given. Also, the council has been tasked with overseeing elections of the presidency.

The members of the council are two groups. One is nine people chosen by the president, senate speaker, and national assembly speaker who are chosen for nine years. The other is formed of former presidents who are members for life.

3.Matching laws with constitution in Italy

Italy, like the US, uses a legislative oversight on legislation. This oversight was given to the body by a constitution court held in 1947. According to articles 134 to 137 of the constitution, the constitution court is tasked with overseeing legislation and matching them with the constitution. In article 136 it is said that whenever the court recognizes a legislation as in disagreement with the constitution, that legislation will be void since the time the court announces so.

4.Overseeing body in Germany

Germany, like the US and Italy, uses a judiciary system to observe the legislations of the parliament. This duty is laid upon a body called the constitution court. The court was launched in 1951. The constitution court of Germany has 16 members, 8 of whom are chosen from the national federal assembly, and 8 other from the assembly of states. They are chosen for 12 years and their terms cannot be extended.

According to articles 92, 93, and 94 of the German constitution, this body is tasked with: matching legislations against the constitution, resolving disputes among major federal and state organizations, checking the authenticity of electoral results, cancelling parties that work against the constitution. The constitution says the decision of the body is final and to be enacted.

5.Overseeing legislation in Austria

The task of overseeing legislations and matching laws with the constitution is laid on the constitution court in Austria. This court has been an example for other constitution courts in Europe. In this country, unlike France of the Islamic Republic of Iran, the judicial way is used to oversee legislation. The court has been formed of 14 judges who are chosen for an unlimited period with proposals from the federal government, national assembly, or the federal assembly. The dismissal of the members of this court is possible only by the very court itself. In addition to guarding the constitution, the revision of abnormalities in the constitution, checking qualification for elections and addressing crimes by governmental authorities are among the duties of the constitution court.

6.Overseeing legislation in Turkey

The duty to safeguard the legislation in Turkey has been laid upon the constitution court. According to articles 146 to 153 of the constitution, the decisions made by this boy are final and to be observed.

The Turkish constitution court is formed of 17 members. Three of them are chosen by the grand national assembly of turkey, and 14 others by the president. According to article 147 of the constitution, the membership is 12 years and there is no arrangement for a second membership.

Among the most prominent duties of the constitution court of Turkey are: to interpret the constitution, oversee laws and regulations, call off political parties, and check the decisions of the parliament regarding ending the membership or immunity of representatives.

7.Oversight on legislation in Belgium

Constitution court is the name of the body overseeing the compatibility of legislations with the constitution in Belgium. According to article 312 of the Belgian constitution, the court is comprised of 12 judges of two French and Dutch language groups. These 12 people are chose by the king among a list presented by the senate and representatives. The membership period is unlimited, but members can apply for retirement when 70.

8.Watching the constitution in Lebanon

Safeguarding the Lebanese constitution is laid on the constitution council. This body was launched in 1989 and has 10 members, half of which are elected by parliament representative and the other half by the government cabinet.

The body is tasked with interpreting the constitution, overseeing legislation, making sure of the authenticity of presidential and parliamentary elections.

9.Guarding constitution in Japan, South Korea

In Japan, the Supreme Court is tasked with guarding the constitution and preventing legislations that disagree with it.

In South Korea, the task is laid upon the constitution court which was launched in 1988 and has 9 judges as members.



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Tags: austria ، turkey ، markaz asnad ، korea
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