Public Law
Ahmad Taghizadeh; Ahmad Habibnejhad
Abstract
Assignment of the multiple competencies to the "Speaker of the Legislature" in various laws and regulations, and the necessity for his presence in various councils and assemblies, make clear the necessity for his appointment. So, the main question in this article is, what title is applied to the head ...
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Assignment of the multiple competencies to the "Speaker of the Legislature" in various laws and regulations, and the necessity for his presence in various councils and assemblies, make clear the necessity for his appointment. So, the main question in this article is, what title is applied to the head of the legislature? In answer to this question, by using the analytical-descriptive method, it can be said that in the absence of external evidence and in terms of the different qualifications enumerated in different laws for the President of the Islamic Consultative Assembly as well as absurdity of this establishment, these powers are beyond the control of the Majlis and also, given the significant role of the Majlis in the legislative process compared to the role of the Guardian Council and the Expediency Council, it can be said that the title of the legislature is applicable to the "Speaker of the Parliament". If the relation of the head of the legislature with the parliament and its representatives is taken into account, then the Speaker of the parliament would be used and if his/her relation is compared with institutions and authorities outside the parliament, then the term Legislature would be proper to be applied.
Rahim Nobahar; Ali Velaei
Abstract
The right to be elected is one of the important examples of right to self-determination. Although this right is not absolute, its restriction must be justified. Unjustified insistence upon meritocracy and trusteeship of candidates, has resulted in violation of the right to be elected and the right to ...
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The right to be elected is one of the important examples of right to self-determination. Although this right is not absolute, its restriction must be justified. Unjustified insistence upon meritocracy and trusteeship of candidates, has resulted in violation of the right to be elected and the right to vote. From a socio-political point of view, such restrictions harm democratic aspect of any political system. In I.R. Iran, necessitation of qualification of being just, supposing official positions as religious trust and argument to the principle of incompetency and non-existence of legal qualifications have resulted in many challenges for free, fair and competitive election. Subjective and non-institutional assessment of the nominees by the Guardian Council has worsened the situation. The aim of this article is to evaluate the method of assessment of qualifications of nominees. The article suggests to rely upon those fiqhi theories that present a more tolerant view on the qualification of being just. Also due to the fact that people are the owners of public sphere, it is possible to presume official authorities as contractual trust rather than religious and legal trust. Similarly, there is way to rely upon the presumption of non-sinfulness instead of being just to reduce some restrictions on qualifications of nominees.
Mehdi Rezaei; Rooholla Alidadzadeh
Abstract
One of the manifestations of rule of law is constitutionalism that entered into legal-political arena in the 18th century. Henceforth, many countries have considered the Constitution as the main manifestation of constitutionalism. Accordingly, Algeria and Iran had their own Constitution in 1963 and 1906 ...
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One of the manifestations of rule of law is constitutionalism that entered into legal-political arena in the 18th century. Henceforth, many countries have considered the Constitution as the main manifestation of constitutionalism. Accordingly, Algeria and Iran had their own Constitution in 1963 and 1906 respectively for the first time. Their Constitutions needed support from a superior independent institution. The first Algerian Constitution appointed constitutional council as centralized and expert institution to take charge of basic hearing. However, the first Iranian Constitution embraced sharia hearing institution and basic hearing was not in Iranian Constitution until 1979. In general, the nature at basic hearing divided into political and legal parts. The structure of this research is based on the aforementioned classification. The main object of the research is to demonstrate the nature of basic hearing in Algeria and Iran by using documentary method to analyze and to explain the nature of institution that supervises the execution of the Constitution. The results show the multi–dimensional nature of these two institutions.
