According to Khabaronline news agency, the most important legal foundations of the Assembly’s activity are found in Principles 110, 111, 112 and 177 of the Constitution. The Assembly is neither a general legislative assembly nor a substitute for the Guardian Council; Each of these institutions has specific duties and powers.
What is the Expediency Council?
The Expediency Council is an institution that, in specific cases, works to decide on the dispute between the Parliament and the Guardian Council, to consult on general policies and to carry out some referred missions.
According to the usual legislative procedure, the Islamic Council approves a resolution and the Guardian Council examines it in terms of compliance with Sharia and the Constitution. If the council considers a resolution to be flawed, it will return it to the parliament for reconsideration. If the parliament insists on its resolution and the dispute remains under the stipulated conditions, the matter may be referred to the Expediency Council.
In such cases, the assembly decides on the expediency in question. This mechanism is intended to resolve specific disputes, and it does not mean that the Assembly replaces the Majlis or the Guardian Council in all cases.
When was the assembly formed?
The Expediency Council was established in 1366 by the order of Ayatollah Ruhollah Khomeini, following the differences between the Majlis and the Guardian Council regarding some resolutions. At that time, the disagreement over some of the decisions needed by the country, especially in the context of the Iran-Iraq war, had highlighted the necessity of foreseeing a way to resolve the legislative impasses.
In the beginning, the assembly mainly worked to deal with disputes between the Majlis and the Guardian Council. After the revision of the constitution in 1368, its position in the constitution was established and other responsibilities were also considered for it.
Why was the assembly formed?
The primary purpose of forming the Assembly was to provide a mechanism for decision making in cases where the dispute between the Assembly and the Guardian Council could not be resolved through the usual way. The remaining of such differences could stop the approval of some decisions.
In this mechanism, in addition to the Shariah and legal review of the approvals, the expediency of the system is also taken into consideration in specific cases. This does not mean the general disregard of the law or the removal of the Guardian Council; The assembly acts only within the limits of the competences determined by the constitution and related regulations.
The position of the assembly in the constitution
Article 112; Difference between the Parliament and the Guardian Council
Article 112 is the most important legal basis for the assembly’s activity. This principle stipulates that in cases where the Guardian Council deems the resolution of the parliament to be against the standards of Sharia or the constitution and the parliament does not support the opinion of the council by considering the expediency of the system, it will be the responsibility of the assembly to determine the expediency and make a decision on the matter.
Article 112 also includes consultation in matters that the leadership refers to the assembly and other duties that are provided for in the constitution, among the responsibilities of the assembly.
Principle 110; Consultation on general policies
According to Article 110 of the Constitution, determining the general policies of the system after consultation with the Assembly is one of the powers of the leadership. Therefore, the assembly has a consultative role in this area; The final determination of general policies is with the leadership.
Article 110 also considers the supervision of the good implementation of general policies as one of the powers of the leadership. The assembly plays a role in the mechanism of monitoring the implementation of policies within the framework of the missions and arrangements set for this task.
Article 111; role in the interim period of leadership
Article 111 has determined a temporary mechanism for the period when the position of leadership is vacant. In case of death, resignation or dismissal of the leader, the Assembly of Experts must appoint and introduce a new leader as soon as possible.
Until then, a council consisting of the president, the head of the judiciary and one of the jurists of the Guardian Council will take over the leadership duties temporarily. That jurist is chosen by the Expediency Council. Article 111 has considered special conditions for some specific decisions in this period.
Principle 177; Participation in the revision of the constitution
Article 177 of the Constitution determines the revision process of the Constitution and the composition of the revision council. A number of members of the Expediency Council are present in the composition of this council. This responsibility is different from the usual duties of the assembly, such as dealing with disputes of approvals.
The main duties of the Expediency Council
1. Dealing with the dispute between the Majlis and the Guardian Council
The most important historical task of the Assembly is to investigate the differences that remain between the Assembly and the Guardian Council under the stipulated conditions. If the Guardian Council objects to the resolution of the Majlis, the Majlis can amend it first. If the parliament insists on its opinion and the dispute is not resolved, the matter may be referred to the assembly.
At this stage, the assembly examines the issue and votes on the expediency and final decision in the same dispute. This power is related to the referred cases and does not mean the general power of the assembly to legislate.
2. Consultation about the general policies of the system
The assembly participates in the consultation process about the general policies of the system. These policies define the macro directions of the country in areas such as economy, culture, education, security and development.
The role of the assembly in this process is to examine the issue and provide an advisory opinion. According to Article 110, the final determination of general policies rests with the leadership.
3. Participation in monitoring the implementation of general policies
Monitoring the good implementation of general policies is considered one of the powers of leadership in Article 110. The assembly participates in the monitoring mechanism within the framework of the arrangements and missions determined for this purpose.
This role should not be confused with policy implementation. The responsibility for the implementation of the programs rests with the relevant executive bodies, and the assembly does not replace the ministries, executive organizations or the Islamic Council.
4. Examining matters referred by the leadership
According to Article 112, the assembly is also active in other matters referred to it by the leadership. The type of role of the assembly – consultative or decision-making within the framework of the assigned mission – depends on the subject of reference and its legal basis. Every important issue of the country is not automatically under the authority of the Assembly.
5. Participation in solving system problems
Clause 8 of Article 110 foresees that military problems that cannot be solved by normal means will be followed up through the Expediency Council. This duty is different from dealing with a specific dispute between the Parliament and the Guardian Council; The issue here is a problem that is difficult or impossible to solve through the usual ways.
How are the members of the assembly determined?
According to Article 112 of the Constitution, the permanent and variable members of the Assembly are determined by the leadership. For this reason, the assembly method is different from institutions such as the Islamic Council, whose members are elected by popular vote.
The composition of the assembly can include people with various backgrounds and experiences in political, legal, managerial and specialized fields. The presence of people with different backgrounds helps to examine issues that may have legal, economic, social or executive dimensions.
Membership in the assembly does not automatically mean having independent authority in all areas of governance. Each member works within the framework of collective duties and mechanisms of the assembly.
Chairman, commissions and secretariat of the assembly
The chairman of the assembly has a role in managing the meetings and following up its affairs, within the framework of the relevant regulations. Administration is the process of reviewing issues, coordinating internal affairs, and following up expert activities, among the organizational parts of the assembly’s work. Chairmanship of the assembly alone does not mean possessing all the competencies of the assembly itself; Decisions are subject to legal and collective mechanisms.
The assembly also uses commissions and the secretariat for more specialized examination of issues. The commissions can provide the topics appropriate to the relevant field of investigation and the context for their summary and plan in the next stages. The secretariat also plays a role in coordinating meetings, following up administrative affairs and providing expert support. The details of the internal structure of the assembly are subject to its valid rules and regulations.
The importance of the assembly in making big decisions
The importance of the assembly can be seen in two areas: solving some specific differences in the legislative process and participating in the review of macro issues and general policies.
In the first area, the existence of a mechanism to deal with the remaining disputes between the Parliament and the Guardian Council can prevent the long-term suspension of some decisions. In the second area, consultation on general policies provides the possibility of examining long-term directions from different perspectives.
However, a decision or policy alone does not guarantee a desired outcome. The degree of effectiveness depends on the quality of reviews, the clarity of responsibilities, the way of follow-up and the performance of the responsible institutions.
Challenges and questions raised about the assembly
One of the issues discussed about the assembly is the relationship between the recognition of expediency and the legislative process. On the one hand, this institution can help to solve the impasse in specific cases; On the other hand, it is important to clarify the limits of its intervention in order to maintain the boundary of the responsibility of different institutions.
Transparency of decisions and access to information about the process of investigating issues are also among the other axes of discussion. The evaluation of the assembly’s performance and the degree of realization of the general policies depends on the release of verifiable information and the clarity of the role of the responsible institutions.
summary
Expediency Council was formed in 1366 to deal with the remaining disputes between the Islamic Council and the Guardian Council, and after the revision of the Constitution in 1368, its position was established.
The most important responsibilities of the Assembly are handling the referred disputes between the Parliament and the Guardian Council, consulting on general policies, participating in the mechanism of monitoring the implementation of those policies, examining some referred matters and special roles that the Constitution has determined for it in specific circumstances.
To know this institution accurately, it should be distinguished from the Legislative Assembly and the Guardian Council. Examining the position of the assembly within the framework of the principles of the constitution and the specific limits of its powers gives a clearer understanding of the decision-making mechanism in the Islamic Republic of Iran.
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