Requirements and Sequences of Interpellation and Dismissal of The President in The Constitutional Law of The Islamic Republic of Iran

Document Type : Original Article

Authors

1 Assistant professor of public law, University of Meybod, Iran

2 MA. Student in private law, university of Meybod, Iran

Abstract

The Interpellation of the president is one of the strongest tools of parliament to supervise the executive, which is accepted in the Constitution of the Islamic Republic of Iran under Article 131. This legal mechanism has been used only once after the Islamic Revolution which was before the Constitutional Review and the change in the parliamentary regime and that's why not much legal content has been produced to clarify the details of this process, as well as to determine the duties of the executive after the Interpellation and dismissal of the president. This has made the oversight tools which is typically used in tense and inflammatory conditions, unclear and non-transparent. In this descriptive-analytical study, we intend to consider the constitution and other related legal norms, including the Rules of Procedure of the Islamic Parliament of Iran and Rules of Procedure on how to check the political inadequacy of the President. We also evaluate the legal preparations and sequences of the president's interpellation and investigate the challenges that exist in this area, such as the absence of the president in the interpellation session, the condition that the Leadership disagrees with the dismissal of the President or the substitution of the first vice president, How to supervise the performance of the deputy and the Presidential Council during the substitution etc. We also provide reasonable suggestions to rectify these weaknesses. We have also answered the question, how are the preconditions and results of the president's impeachment analyzed in the Iranian constitute.

Keywords

References

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History

  • Receive Date: 11 March 2021
  • Revise Date: 30 April 2021
  • Accept Date: 29 June 2021

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