The Legal Feasibility of Lawmakers’ Voting Transparency

Document Type : Original Article

Authors

1 Ph.D. Student of Public Law, Department of Law, Imam Sadiq University, Tehran, Iran

2 Assistant Professor, Department of Economic Law, Research Center, Islamic Parliament, Tehran, Iran

Abstract

The main actors of the governance system have multiple and complete functions. If their actions aren't clear, attracting public participation and the emergence of people's rule will be weakened. The Parliament, as the most important pillar of Democracy and the most important element of public will, that legislates and controls the whole system, is under this rule as well. So, Parliament should expose itself to the public and try to realize parliamentary transparency. One of the most important aspects of parliamentary transparency is “the transparency of voting”. It has raise debates among lawyers over recent years in Iran. Many bills in this regard were initiated by the Parliament but didn't pass through. Regardless of reasons for the disapproval, the main question is whether the transparency of voting is ever possible or not. In this regard and based on studies through Descriptive-Analytical method, we reached the point that according to the Constitution, General Policies of the State, Constitution interpreter’s view, and legislature interpretation of laws, the transparency of voting is completely legal and possible. Transparency of voting has exceptions like respecting the public interests and national interests.

Keywords

References

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History

  • Receive Date: 31 July 2021
  • Revise Date: 24 August 2021
  • Accept Date: 17 January 2022

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