Lunch Talk: Judicial Review in Iran

On Apr 16, Marzieh Tofighi Darian gave a talk on "Judicial Review in Iran: Whose Guardian: Constitution or Sharia?" in which she examined the role of Iran's Guardian Council in … Continue reading Lunch Talk: Judicial Review in Iran

Women’s Rights and the Guardian Council’s Barrier

By Marzieh Tofighi Darian In recent months, there has been a spike in the number of bills that members of Parliament and the executive branch have proposed and presented to … Continue reading Women’s Rights and the Guardian Council’s Barrier

Protection of Rights through the Criminal Prosecution of State Officials

By Marzieh Tofighi Darian Fundamental rights and freedoms constitute an integral part of most modern constitutions. To ensure these fundamental liberties are secured from government encroachments, most constitutions establish legal … Continue reading Protection of Rights through the Criminal Prosecution of State Officials

Commentary :: Guardian Council and the Ultimate Power

By Marzieh Tofighi Darian This post analyzes the self-proclaimed power of Iran’s Guardian Council to strike down previously approved laws due to claims of inconsistency with sharīʿa. In order to contextualize … Continue reading Commentary :: Guardian Council and the Ultimate Power

Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence

By Marzieh Tofighi Darian This post argues that there is an excessive focus on sharīʿa-compatibility for legislation and judicial decisions in Iran. Even when a law enters into force or … Continue reading Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence

Commentary :: Right to Counsel and the Problem of Distrust

By Marzieh Tofighi Darian This commentary traces the evolution of the right to counsel in criminal investigations in Iran’s Criminal Procedure Code, as highlighted in the process of drafting Iran’s … Continue reading Commentary :: Right to Counsel and the Problem of Distrust

Commentary :: Whose Guardian: Sharīʿa or the Constitution? Judicial Review of Iran’s New Criminal Procedure Code

By Marzieh Tofighi Darian This commentary analyzes the jurisprudence of the Guardian Council in reviewing Iran’s recently adopted Criminal Procedure Code 2014 (amended in 2015). It evaluates how the Council … Continue reading Commentary :: Whose Guardian: Sharīʿa or the Constitution? Judicial Review of Iran’s New Criminal Procedure Code

Commentary :: Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?

Professor Intisar Rabb and Iran editor Marzieh Tofighi Darian analyze changes made to statutes defining juvenile crimes and punishment under Iran's new Islamic Penal Code, passed in 2013. The Code … Continue reading Commentary :: Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?