The absence of an independent constitutional justice in the constitution of the Islamic Republic of Iran

Note 1 of Article 26 of the act on the Organization, Duties and Elections of Islamic Councils of city and village and the Choice of Mayors, adopted in 1375, stipulates that "religious minorities recognized in the constitution instead of Islam have to be faithful in the principles of their religion. " This act has been approved by the Guardian Council on 23/3/1375 in accordance with principle 94 of the Constitution of the Islamic Republic of Iran. The Guardian Council, in a commentary dated 26/1/1396, has considered that the note 1 of article 24 is illegitimated and invalid in relation to the areas where the majority of its inhabitants are Muslims. Based on this view, in such areas, non-Muslims cannot participate as candidate of the Islamic Council of City and the Village. In this paper, it has been attempted to criticize the Guardian Council's perspective from the point of view of the absence of an independent constitutional justice in the constitution of the Islamic Republic of Iran.