According to Khabaronline news agency Assembly of experts It is different from the Islamic Council: the Islamic Council is responsible for general legislation and government supervision, while the responsibilities of the Council of Experts are related to the position of leadership in the political structure of the Islamic Republic. Principles 107, 108 and 111 of the Constitution are the most important legal bases for the activity of this parliament.
History of the Council of Leadership Experts
Formation after the 1357 revolution
After the victory of the Islamic Revolution, drafting a new constitution and determining the structure of the government was one of the main issues of the country. The constitution defined the position of the leader and also provided a mechanism for selecting the leader and dealing with the legal conditions of this position.
According to Article 107, the choice of the leader is the responsibility of the people’s elected experts. Article 108 is also about the regulations related to the number of members, the conditions of the elected, the method of election and the internal regulations of the Assembly of Experts.
The first session of the assembly of experts
The first term of the Assembly of Leadership Experts started in 1362. Since then, elections have been held for the following periods and the composition of the parliament members has changed in different periods.
The term of each representative period is eight years. At the end of the term, new elections are held and members can re-nominate or new people enter the parliament.
Legal foundations of the Assembly of Experts
Article 107; Choosing a leader
Article 107 of the Constitution entrusts the selection of the leader to the people’s elected experts. The experts review and consult about the qualified jurists and select the person they deem legally qualified to be the leader.
This mechanism means that the people choose the expert members of the parliament and the members of the parliament choose the leader within the framework of the constitution.
Article 108; Regulations related to the Assembly
Article 108 is related to regulations such as the number of members of the Assembly of Experts, the conditions of those elected, the quality of elections and the regulations of meetings. After the first period, the authority to change and revise the law related to experts and to approve regulations related to its duties was placed in the jurisdiction of the Assembly of Experts.
Article 111; Loss of leadership and transition period
Article 111 is about a situation where the leader loses the ability to perform his legal duties, does not have one of the prescribed conditions, or it is clear that he did not have one of these conditions from the beginning. In these cases, it is the responsibility of the Assembly of Experts to determine the issue and take legal action.
This principle also establishes a temporary mechanism for the interval between the absence of a leader and the election of a new leader. During this period, a council consisting of the president, the head of the judiciary and one of the jurists of the Guardian Council – who is chosen by the Expediency Council – assumes part of the leadership duties.
Members of the Council of Leadership Experts
Number of members
The Council of Leadership Experts currently has 88 members. The parliament seats are distributed among the provinces and the number of representatives in each province is not the same. To know the details of each period, you should refer to the valid election law and regulations of the same period.
Engagement conditions
Candidates of the Assembly of Experts must have certain legal requirements. According to the election law of the Assembly of Leadership Experts, these conditions include citizenship of the Islamic Republic of Iran, at least 40 years of age, the ability to perform representative duties, justice and moral and economic health, political and social insight, and familiarity with current issues.
Candidates must also have the necessary jurisprudence; including the ability to infer some jurisprudential issues and recognize the jurisprudential competence of a person qualified for leadership. Commitment to the constitution and system of the Islamic Republic of Iran is also one of the legal conditions for nomination.
The role of the Guardian Council in elections
The Guardian Council has a legal and supervisory role in the election process of the Assembly of Experts; Among other things, it checks the conditions of the candidates and supervises the elections. Therefore, the process of selecting members has two stages: first, checking the legal conditions of the candidates and then selecting the representatives through the people’s vote.
Verification of eligibility does not mean selection; The approved candidate must win enough votes in the election to enter the parliament.
Representation period
The term of representation of members of the Assembly of Experts is eight years. If some seats become vacant, it is possible to hold mid-term elections to fill them; The details of this process are subject to the relevant regulations.
The most important duties and powers of the Assembly of Experts
1. Choosing a leader
The most important task of the Assembly of Experts is to elect the leader according to Article 107 of the Constitution. This selection is done by examining and recognizing the legal qualifications of qualified jurists.
Article 109 of the Constitution specifies the conditions and attributes of the leader. Among these conditions are the scientific qualification required for Afta in different chapters of jurisprudence, justice and piety, political and social vision, resourcefulness, courage and sufficient ability to lead.
2. Addressing the continuity of leadership conditions
The task of the Assembly of Experts is not limited to electing the leader. According to Article 111, if the leader loses one of the prescribed conditions or his inability to perform legal duties is confirmed, the Assembly of Experts must act according to the law.
This responsibility is related to the continuation of the legal conditions of leadership. How internal investigations are conducted and the extent to which their details are publicly disclosed is a matter separate from the principle of the parliament’s legal duty.
3. Election of the leader in case this position becomes vacant
If the leadership position becomes vacant, the Assembly of Experts is responsible for electing a new leader. In the interval between the vacancy of this position and the election of the next leader, the temporary council provided for in Article 111 assumes part of the leadership duties so that there is no void in the legal structure.
4. Examining the qualifications related to leadership
To select the leader, the Assembly of Experts must be able to check the qualifications stipulated in the constitution. This responsibility is different from the process of choosing the members of the parliament itself: the people choose the expert members, but it is the responsibility of the experts to determine who is qualified to lead.
5. Use of specialized commissions
The Assembly of Experts uses internal mechanisms, including specialized commissions, to deal with issues related to its duties. These commissions can examine the relevant issues and present the results to the board or the parliament floor according to the internal regulations. The structure and title of commissions may change in different periods; Therefore, its details should be checked based on the valid regulations of the same period.
The limits of the powers of the Assembly of Experts
The Assembly of Experts is not the general legislative assembly of the country and the approval of normal laws in fields such as economy, education, health or foreign policy is not within its scope of duties. General legislation is mainly the responsibility of the Islamic Council, and the review of its approvals is subject to the mechanisms stipulated in the constitution.
Also, the responsibility of the Assembly of Experts in examining the continuity of the legal conditions of leadership is different from the general supervision of all executive bodies of the country. In order to accurately understand the position of this institution, the limits of its authority should be measured based on the constitution and relevant regulations.
The importance of the Assembly of Experts in the political structure of Iran
From a legal point of view, the Assembly of Experts is a part of the mechanism of determining the leadership in the Constitution and has specific duties in the field of selecting the leader and dealing with the legal conditions of this position.
From a political point of view, the election of this parliament is important due to its direct relationship with the leadership position. The composition of members, the level of people’s participation and the conditions of candidates are some of the topics that are raised in the analysis of experts’ elections. However, the review of the performance of this institution is not complete only with regard to the election results or the political composition of the members; Internal mechanisms, how to carry out responsibilities and the amount of public information should also be reviewed.
In the analysis of the Assembly of Experts, it is better to distinguish between the text of the law, the practical performance of the institution and the political views about it. The constitution specifies the duties and limits of the powers, but the assessment of their realization level requires the review of performance and evidence.
summary
The Assembly of Leadership Experts is an institution entrusted by the Constitution with the election of the leader and the continuation of the legal conditions of this position. The members of this parliament are elected by the people’s vote, but the candidates must have certain scientific, jurisprudential, moral and legal conditions.
Principles 107, 108 and 111 of the Constitution form the main framework of the activities of the Assembly of Experts. The most important responsibilities of this institution are choosing the leader, taking action in case the leadership position is vacant and dealing with the loss of the legal conditions of this position.
To understand the position of the Council of Experts, it should be distinguished from the Islamic Council and the Guardian Council and differentiate between the duties specified in the law, executive mechanisms and political evaluations.
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