Scope of Competence of the Islamic Consultative Assembly in Detailing and Explaining the Conditions of the President with Emphasis on General Policies of the Elections

Document Type : Original Article

Authors

1 Ph.D Student, Faculty of Theology and Islamic Studies, Islamic Azad University, Najafabad Branch, Iran.

2 Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.

3 Assistant Professor of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.

Abstract

"The President must be elected from among religious and political figures who meet the following conditions: Iranian origin, Iranian nationality, managerial capacity and resourcefulness, a good record and trustworthiness and piety, convinced belief in the foundations of the Islamic Republic of Iran and the official religion of the country. One of the challenges that has always existed in connection with this principle is the ambiguity in the exclusive or allegorical nature of the conditions mentioned in this principle, which, as the case may be, affects the limits of ordinary legislative competence in detailing or explaining the conditions of presidential candidates. This article, in a descriptive-analytical format, while examining the limits of the parliament's authority in this field, proved that contrary to the prevailing view, which believes that these conditions are exclusive and consequently the Islamic Consultative Assembly does not have the authority to elaborate or explain the presidential conditions, it is allegorical. Considering the mentioned conditions and consequently considering the parliament competence to identify the general conditions is more in line with the General Policies of the Election and some of the views of the Guardian Council. Moreover, considering the general legislative power of the parliament in Article 71 Constitution, it is possible to explain the specific conditions authorized in Article 115.

Keywords

References

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    B)   Documents

     

    1. The executive regulations of the presidential elections approved by the Cabinet on 1985/7/7 with further amendments.
    2. General Policies of the Election approved by the Supreme Leader on 2016/10/15
    3. The Constitution of the Islamic Republic of Iran approved in 1979.
    4. The Law on the Presidential Elections of the Islamic Republic of Iran, approved by the Islamic Consultative Assembly on April 26, 1985, with subsequent amendments.

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History

  • Receive Date: 02 March 2021
  • Revise Date: 03 April 2021
  • Accept Date: 17 May 2021

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