Pathology of Determining the Qualifications of the Islamic Consultative Assembly Candidates in the light of the Constitution and General Policies of the Elections

Document Type : Original Article

Authors

1 Assistant Professor, Department of Islamic Jurisprudence and Law, Imam Sadiq University, Tehran, Iran

2 PH. D Student of Public Law, Imam Sadiq University, Tehran, Iran

Abstract

Representation in the parliament is a serious matter that requires experienced specialists and experts, and therefore it is necessary to set conditions for the candidates. The main issue of this research is what strategies are available to promote the qualifications of MPs in the field of determining the conditions of candidates based on the constitution and General Policies of the Elections. There is disagreement among jurists regarding the position of the Constitution of the Islamic Republic of Iran in determining the conditions for candidates for parliament. Some believe that according to the Article 62 of the constitution, determination of conditions commensurate with the requirements of the time has been left to the ordinary legislator, while others believe that the constitution, in addition to giving the legislature the power to determine the conditions, implicitly sets some basic conditions. By selecting the second opinion and using a descriptive and analytical method, this study evaluates the current conditions of the parliamentary election candidates, both in terms of determination and in terms of how to achieve them, and by emphasizing the principles of this issue in the constitution and general policies of elections, strategies to improve these conditions are provided. Removing ambiguity from qualitative conditions using methods based on principles such as defining and counting negative instances and also, modification and completion of some objective conditions such as adding dual voluntary citizenship or conviction for all economic and moral crimes to be deprived of being selected are of the most important suggestions of the present study.

Keywords

References

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History

  • Receive Date: 11 November 2019
  • Revise Date: 06 April 2020
  • Accept Date: 17 May 2020

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