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Expediency Discernment Council

The Expediency Council was created as part of the revised constitution of the Islamic Republic of Iran in 1989. It also required ammendment to other articles not specifically dealing with its formation or structure.

Article 112 of the 1989 amended Constitution stated:

"The Majma-e- Tashkhis-e- Maslahat-e Nezam (Expediency Discernment Council of the System) shall be convened at the order of the Leader to determine such expedience in cases where the Council of Guardians finds an approval of the Majlis against the principles of Sharia (religious law) or the Constitution, and the Majlis in view of the expedience of the System is unable to satisfy the Council of Guardians, as well as for consultation in matters referred to it by the Leader, and for discharging other functions laid down in this law.

"The permanent and mutable members of this Majma shall be appointed by the Leader.

"Regulations related to the Majma shall be prepared and approved by the members of the Majma itself and ratified by the Leader."

Relevant portions of Article 111 also stated:

"In case the Leader is unable to carry out his legal functions, or loses one of his qualifications mentioned in Article 5 and Article 109, or if it transpires that he did not qualify some of the conditions form the very beginning, he shall be dismissed from his position.

"Such decision shall be made by the Khobregan (Assembly of Experts) mentioned in Article 108.

"In the case of death, resignation or dismissal of the Leader, the Khobregan shall be required to determine and declare the new Leader at the earliest. As long as the Leader is not declared, a council composed of the President, Head of the Judiciary and one of the Faqihs (jurisconsults) of the Council of Guardians chosen by the Majma-e- Tashkhis-e- Maslahate-e- Nezam shall collectively discharge the functions of the Leader on a temporary basis. If one of them is not able to discharge his duties for any reason whatsoever during this period, another person shall be appointed by the Majma in his place, maintaining the majority of the Faqihs in the council.

"This council shall proceed with the discharge of the duties set out in paragraphs 1, 3, 5 and 10, and sub-paragraphs (d), (e) and (f) of paragraph 6, Article 110 hereof, after approval by three-fourths of the members of the Majma-e-Tashkis-e-Maslahat-e- Nezam.

"If the Leader is temporarily unable to discharge the functions of the Leader as a result of sickness or other accidents, the council mentioned in this article shall discharge his functions during such period."

6. Membership of the permanent members of the EDCS in the Constitutional Revision Council, in accordance with paragraph 3 of Article 177 of the Constitution.

7. Ratification of the laws passed by the Leadership Council, in accordance with Article 111 of the Constitution.

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Page last modified: 09-07-2011 02:45:24 ZULU