The Review of “Public Acceptance Condition” In Article 107 of The Iranian Constitution

Document Type : Original Article

Authors

1 Associate Professor, College of Public & International Law, Allameh Tabatabaii University,Tehran,Iran

2 Msc. College of Public Law & International, Allameh Tabatabaii University,Tehran,Iran

Abstract

the manner of determining the leader by the Assembly of Experts, has considered several preferences (advantages and priority attributes in determining the leader) in one and the other, without any possible explicit or implicit references to the existence of priority among them. This means that all the mentioned advantages should be at the same level. But, "Public Acceptance" as one of those privileges, has an unstable position alongside others and may be denied. Because mentioning other preferences as the characteristics of the leader in article number 5 & article number 109 of the constitution has created a solid base for them, and on the other hand, the general opinion of the jurists has emphasized the priority of these preferences due to the existence of religious criterion.
So, the question is whether “Public Acceptance" is an emphasis on the direct involvement of "Acceptance" in determining the leader, and whether this principle is expressed and structured will weaken the position of "Public Acceptance" and "Acceptance" In determining the leader.
Using descriptive and analytical method, and in order to remove the ambiguity of this basic principle, by citing various sources and documents, this article has reached the conclusion that "Public Acceptance" is an essential feature in the leader. The members of the Assembly of Experts are obliged to achieve this feature in their chosen case in order to ensure the maximum functioning of the established Islamic government. Based on historical interpretation, the intention of the constitutional legislator also confirms this meaning. Accordingly, the way in which the concept of "Public Acceptance" is established in this principle is not compatible with the purpose of the legislator. Therefore, in this article, a review and revision of the mentioned principle is suggested.

Keywords

References

References:
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History

  • Receive Date: 23 September 2019
  • Revise Date: 31 January 2020
  • Accept Date: 12 June 2020

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