Can the Universal House of Justice function properly without a living Guardian?

“It must be also clearly understood by every believer that the institution of Guardianship does not under any circumstances abrogate, or even in the slightest degree detract from, the powers granted to the Universal House of Justice by Bahá’u’lláh in the Kitáb-i-Aqdas, and repeatedly and solemnly confirmed by ‘Abdu’l-Bahá in His Will. It does not constitute in any manner a contradiction to the Will and Writings of Bahá’u’lláh, nor does it nullify any of His revealed instructions. It enhances the prestige of that exalted assembly, stabilizes its supreme position, safeguards its unity, assures the continuity of its labours, without presuming in the slightest to infringe upon the inviolability of its clearly defined sphere of jurisdiction. We stand indeed too close to so monumental a document to claim for ourselves a complete understanding of all its implications, or to presume to have grasped the manifold mysteries it undoubtedly contains. …”

Shoghi Effendi, The World Order of Bahá’u’lláh, p. 8.

“After prayerful and careful study of the Holy Texts bearing upon the question of the appointment of the successor to Shoghi Effendi as Guardian of the Cause of God, and after prolonged consultation which included consideration of the views of the Hands of the Cause of God residing in the Holy Land, the Universal House of Justice finds that there is no way to appoint or to legislate to make it possible to appoint a second Guardian to succeed Shoghi Effendi.”

The Universal House of Justice, 9 October 1963.

“The infallibility of the Universal House of Justice, operating within its ordained sphere, has not been made dependent upon the presence in its membership of the Guardian of the Cause. Although in the realm of interpretation the Guardian’s pronouncements are always binding, in the area of the Guardian’s participation in legislation it is always the decision of the House itself which must prevail. This is supported by the words of the Guardian:

‘The interpretation of the Guardian, functioning within his own sphere, is as authoritative and binding as the enactments of the International House of Justice, whose exclusive right and prerogative is to pronounce upon and deliver the final judgement on such laws and ordinances as Bahá’u’lláh has not expressly revealed. Neither can, nor will ever, infringe upon the sacred and prescribed domain of the other. Neither will seek to curtail the specific and undoubted authority with which both have been divinely invested.

Though the Guardian of the Faith has been made the permanent head of so august a body he can never, even temporarily, assume the right of exclusive legislation. He cannot override the decision of the majority of his fellow-members, but is bound to insist upon a reconsideration by them of any enactment he conscientiously believes to conflict with the meaning and to depart from the spirit of Bahá’u’lláh’s revealed utterances.’

However, quite apart from his function as a member and sacred head for life of the Universal House of Justice, the Guardian, functioning within his own sphere, had the right and duty ‘to define the sphere of the legislative action’ of the Universal House of Justice. In other words, he had the authority to state whether a matter was or was not already covered by the Sacred Texts and therefore whether it was within the authority of the Universal House of Justice to legislate upon it. No other person, apart from the Guardian, has the right or authority to make such definitions. The question therefore arises: In the absence of the Guardian, is the Universal House of Justice in danger of straying outside its proper sphere and thus falling into error? Here we must remember three things: First, Shoghi Effendi, during the thirty-six years of his Guardianship, has already made innumerable such definitions, supplementing those made by ‘Abdu’l-Bahá and by Bahá’u’lláh Himself. As already announced to the friends, a careful study of the Writings and interpretations on any subject on which the House of Justice proposes to legislate always precedes its act of legislation. Second, the Universal House of Justice, itself assured of divine guidance, is well aware of the absence of the Guardian and will approach all matters of legislation only when certain of its sphere of jurisdiction, a sphere which the Guardian has confidently described as ‘clearly defined’. Third, we must not forget the Guardian’s written statement about these two Institutions: ‘Neither can, nor will ever, infringe upon the sacred and prescribed domain of the other.”

The Universal House of Justice, 27 May 1966, paragraphs 7-10.