Document Type : Research Paper

Authors

• Mohaamad Shaabani Jahromi ¹
• Mohammad Bahadori jahromi ²
• Alireza Mazinani ³

¹ Phd. Student in Public Law. Allameh Tabatabaei University, Tehran, Iran.

² Assistant Professor. Departement of Public Law. Faculty of Law. Tarbiat Modares University, Tehran, Iran.

³ MA. Student in Public Law. Tarbiat Modares University, Tehran, Iran.

Abstract

Since the establishment of the Islamic Republic of Iran until now, the elections of the Islamic Assembly Collective have been held through the majority system and in the constituencies corresponding to the city divisions. In different periods of the parliament, several plans have been put on the agenda to transform the current model of the electoral system into a proportional system. Until now, the Constitutional Council has considered the parliament's approvals in line with the application of the proportional system to have many contradictions with the constitution. From the point of view of the Constitutional Council, the implementation of this electoral model leads to weakening the reliance of the representative position on public votes, creating a basis for unfair discrimination in electoral contests, reducing citizens' participation in elections, and weakening the strength of unity and public cooperation in constituencies. In this research, by evaluating the opinions of the Constitutional Council, it was clarified that a significant part of the foundations of the arguments of the Council, based on which aspects of the proportional electoral system are in conflict with the constitution, do not have a solid foundation and credibility and are vulnerable.

Keywords

• Electoral system
• Constitutional Council
• Islamic Consultative Assembly
• Constituencies
• Representative position

Main Subjects

• Public Law