The Validity of the Presidents’ Decisions in the Iranian Legal System with a View to the Concepts of Governorship, Advocacy and Allegiance

Document Type : Original Article

Authors

1 Assistant Professor, Department of Islamic Jurisprudence and Law, Faculty of Theology and Islamic Sciences, Tabriz University, Tabriz, Iran

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Research Institute of Imam Khomeini (PBUH) and the Islamic Revolution, Tehran, Iran

3 PhD student in Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Sciences, Tabriz University, Tabriz, Iran

Abstract

Although criminal laws have strong enforcement instruments, in order According to Article 113 of the Constitution, after the Supreme Leader, the president is the highest official in the country. He is responsible for the implementation of the Constitution and the head of the executive branch, except in matters which are directly related to the Supreme Leader. The rationale of the aforementioned principle is that the president is the highest executive authority. According to Article 114 of the Constitution, he is elected by direct vote of the people. Therefore, considering that the president is elected by the people and takes over the implementation of affairs that are the affairs of the absolute authority of the jurist, it seems necessary to examine the nature of his decisions, in such a way that the president is the lawyer of the people and the validity of his decisions as the decisions of the lawyer is limited to the limits set in the constitution or that he has authority through the implementation of the leader in the determinate compass and whether can act absolutely according to the interests of the wards or is his choice a sign of allegiance and the effects related to it are current? Among these effects, we can mention people's loyalty to all the decisions made.
Therefore, an attempt has been made to explain the concepts of "province", "representation" and "allegiance" with a descriptive-analytical and library method and by adapting them to the limits of the president's powers in the Constitution, the juridical nature of these decisions has been clarified.
Considering these concepts and examining the necessary conditions for the president and the limits of his possessions in the constitution, the president’s privilege of the title of authority will be given. Because legislation, judiciary and implementation of laws are the affairs of the absolute authority of the jurist and considering that these affairs are delegated to triple forces in the system of the Islamic Republic of Iran, political representatives, who are called people's lawyers, as well as the president, have the title of authority, that this province is during the absolute jurisprudence of the jurist and it is obtained by means of tacit (representatives of parliament) and official (president) confirmation. It goes without saying that the nature of elections in the process of electing parliament members and the president is allegiance to the Islamic government because, as mentioned, the works of the triple forces are the affairs of the absolute authority of the jurist, whose implementation has been entrusted to the aforementioned forces.

Keywords

References

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History

  • Receive Date: 04 February 2022
  • Revise Date: 20 April 2022
  • Accept Date: 26 June 2022

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