Journal of Legal Research

Journal of Legal Research

The Application of the Principle of Proportionality in the Guardian Council’s Economic Opinions

Document Type : Original Article

Authors
Vahid Bayat Mokhtari 1
Mohammad Jalali 2
Mohsen Taheri 3
1 Department of Public Law, Semnan Branch, Islamic Azad University, Semnan, Iran.
2 Assistant Professor, Department of Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
3 Department of Law, Semnan Branch, Islamic Azad University, Semnan, Iran.
10.48300/jlr.2024.476744.2743
Abstract
A measure or decision that restricts an individual right is considered proportionate if it pursues a legitimate aim, is rationally connected to that aim, and employs the least burdensome means available. The proportionality test thus involves an assessment of costs and benefits. The principle of proportionality provides both a methodological framework and a procedural tool for evaluating the actions of public authorities. Employing a descriptive-analytical method, this article examines how the Guardian Council applies the principle of proportionality in its opinions, particularly those concerning fundamental rights and freedoms. An examination of the Council’s opinions suggests that the application of this principle can help prevent the enactment of legislation inconsistent with the Constitution and guide public authorities towards greater protection of fundamental rights. The findings indicate that, although the principle of proportionality has been reflected in the Guardian Council’s opinions, its application lacks a coherent and systematic structure. In other words, while the principle has an identifiable place in the Council’s constitutional review, the Council has yet to develop a consistent, comprehensive, and methodical approach to its application.
Keywords
Fundamental Rights and Freedoms
Public Interest
Principle of Proportionality
Guardian Council
Constitution
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Journal of Legal Research
Volume 25, Issue 66
Summer 2026
Pages 93-114