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 evaluating claims of sharīʿa compatibility and constitutional violations. She detailed the Guardian Council’s place in Iran’s constitutional design and the controversies that arise with Parliament … Continue reading Lunch Talk: Judicial Review in Iran
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 this problem, I analyze a recent opinion of the Guardian Council that nullified the results of recent elections, on grounds that a law legalizing membership … Continue reading Commentary :: Guardian Council and the Ultimate Power
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 a judicial decision becomes final, there are still tools for the Guardian Council to legally invalidate the law or reverse the judicial decision. Assessing the … Continue reading Commentary :: The Problem of Nonfinality of Judicial Decisions in Iran’s Sharīʿa-Compliance Jurisprudence
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 new Criminal Procedure Code in 2014 (amended in 2015). I argue that the legislature missed a unique chance to address its long-time practice of ignoring … Continue reading Commentary :: Right to Counsel and the Problem of Distrust
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 uses its authority in preserving and promoting sharīʿa and/or the Constitution and considers whether there are ways by which the Council can improve its work and enhance … Continue reading Commentary :: Whose Guardian: Sharīʿa or the Constitution? Judicial Review of Iran’s New Criminal Procedure Code
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 follows a traditional dichotomy between ḥudūd fixed crimes and qiṣāṣ retaliatory scheme (which are directly incorporated from classical Islamic law interpretations of criminal law into … Continue reading Commentary :: Iran’s New Islamic Penal Code: Have International Criticisms Been Effective for Children and Juvenile Offenders?