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The Splendour of Iran
Payvand's Iran News ...

9/27/02
Official lashes out at Khatami's bill as 'unconstitutional'

Tehran, Sept 27, IRNA -- The bill to amend the law on presidential authority is against the Iranian Constitution, and in parts is the same act that was 'categorically' rejected by the Guardians Council (GC) in 1986, an official said here today.

Head of GC Research Center Gholam-Hussein Elham said the bill was an updated version of a previously rejected move with new guarantees that the president's warnings on violations of the Constitution are heeded and taken into effect.

Khatami's long-awaited bill to bolster his executive authority was presented to the parliament Tuesday.

The bill redefines presidential prerogatives by highlighting president's right to warn any of the highest ranking officials of the three constitutional powers whenever needed and mete out punishment in case the warning is not heeded.

Elham said it was on the GC to officially declare that the articles of the 1986 law have been cancelled, but stressed that the Council had not yet been asked to do so.

He further said interpreting the Article 113 of the constitution that makes the president responsible for implementing the constitution could also help to clarify the dark points in that area.

"Still, the reaction of the Judiciary Head Ayatollah Mahmoud Shahroudi to President Khatami's warning over a breach of the Constitution was a clear sign that Shahroudi does not accept the presidential prerogative to give warnings on constitutional violations, as stipulated in the law of 1986," Elham said.

The head of GC Research Center cited further discrepancies with the constitution in the bill where it calls for the establishment of a bench at the Supreme Court comprised of experts appointed by the Judiciary, parliament and cabinet to arbitrate over court rulings which the president regards as unconstitutional.

"The bill has influenced the relations between the three branches of the government and has prepared the ground for the establishment of new institutions that would perform outside the framework of the Constitutions," he said.

Elham added that the establishment of a special branch within the Supreme Court would be an interference in the Judiciary, as the only authority to issue guarantees to implement the rulings.

He further said the president is not the authority to identify violations of the Constitution so as to consider guarantees for court rulings in that connection.

Elsewhere in his remarks, Elham said the bench at the Supreme Court would replace the Court itself, stressing that this contradicts the Article 161 of the constitutional law that declares Iran's Supreme Court as the only authority entitled to supervise the implementation of laws in the courts.

Head of GC Research Center further criticized part of the bill that enables the president to sue heads of branches of the government in courts if they ignore his warnings on constitutional violations.

Under the bill, if an official from an institution such as the Judiciary ignores the president's warning, he or she could be suspended from the civil service for up to three years for the first time and for life in case the negligence is repeated.

Still, Elham said, there is a good point with the bill to allocate a sum as a compensation for cases where the Iranian citizens have suffered a loss as a result of violation of the constitution.

Khatami first made his intention to present a bill for strengthening presidential prerogatives late last month "in order to better respond to the aspirations of the people".

On Monday, he said that "the bill aims to outline presidential authorities for a more exact and serious execution".

The announcement has been met with mixed reaction, with some people saying that the bill was contrary to the Constitution, since it sought excessive authority for the president and interfered in other state powers.

Others have hailed it, saying it could enable Khatami to deliver better on his promises of establishing rule of law and a civil society.



My Uncle Napoleon

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