A Note from Abdullah Abdi on Constitutional Authority and Oversight

Several esteemed colleagues of Abdi Media, particularly those in the fields of thought and law, especially respected professors of constitutional law, have reminded me that the latter part of Article 176 of the Constitution explicitly states:

“The limits of the powers and duties of the subsidiary councils shall be determined by law.” Regarding the National Security Council, the current law has not been amended by the Parliament, and it remains valid.

I would like to thank each and every esteemed individual who has provided fair criticism. Without defending the actions and decisions of the National Security Council, both currently and in past sessions, I must point out a tangible reality that seems to have been overlooked by my legal and political friends. Unfortunately, for a long time, within the administrative structure and organizational hierarchy of power in the Islamic Republic, the term "ordinary law" is not solely applied to parliamentary resolutions that are approved by the Guardian Council.

Many parallel councils and references, the most prominent of which are the Supreme Council for the Cultural Revolution, the Supreme National Security Council, and the Supreme Council of Cyberspace, as well as the recently established Coordination Council of the Heads of the Branches of Government, pass resolutions that the entire Parliament, even with the potential passage of laws, lacks the capacity to oppose. This is even more so when it comes to the decrees of the absolute leader derived from various proposals and commands from multiple entities, relying on and justifying the provisions of Article 57 of the amended Constitution ratified in 1989.

I have not addressed the will and measures of Ayatollah Khamenei, which are communicated either directly or through the Office of the Leader or the Military Office of the Commander-in-Chief.

The resolutions of these bodies are effectively treated as law and, at times, take precedence over actual laws. This includes the decrees from the Commander-in-Chief, whether directly or through proposals from the General Staff and the Central Headquarters of Khatam al-Anbiya, as well as other matters such as the establishment of dedicated prosecution offices and special courts for the clergy and the approval of regulations for them.

Thus, the issue does not lie with the Parliament or others, nor is it my interpretation; I am merely stating a tangible and observable reality in the current political, legal, and organizational landscape of the country.

I reiterate:

Anyone can file complaints and petitions against these decisions, as the resolutions of the National Security Council, like those of other high councils, are not exempt from or prevent the intervention of the public court of administrative justice. The results of this high judicial authority can also be publicized.

Isn’t it better to focus on substantial discussions rather than engage in mere social media banter?

Abdullah Abdi