Scope of Competence of the Islamic Consultative Assembly in Detailing and Explaining the Conditions of the President with Emphasis on General Policies of the Elections

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Bagheri Khozani Mohammad Hassan; ATRIAN FARAMARZ; masoud Gholam Hossein

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2021 | Volume:10 | Issue:33 Page(s): 57-82

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Title

Scope of Competence of the Islamic Consultative Assembly in Detailing and Explaining the Conditions of the President with Emphasis on General Policies of the Elections

Author(s)

Bagheri Khozani Mohammad Hassan | ATRIAN FARAMARZ | masoud Gholam Hossein | Issue Writer Certificate

Keywords

Article 115 of the Constitution

Article 71 of the Constitution

Presidential Elections

Religious

Political Personalities

General Policies of the Elections

Abstract

"The President must be elected from among Religious and political figures who meet the following conditions: Iranian origin, Iranian nationality, managerial capacity and resourcefulness, a good record and trustworthiness and piety, convinced belief in the foundations of the Islamic Republic of Iran and the official religion of the country. One of the challenges that has always existed in connection with this principle is the ambiguity in the exclusive or allegorical nature of the conditions mentioned in this principle, which, as the case may be, affects the limits of ordinary legislative competence in detailing or explaining the conditions of presidential candidates. This article, in a descriptive-analytical format, while examining the limits of the parliament's authority in this field, proved that contrary to the prevailing view, which believes that these conditions are exclusive and consequently the Islamic Consultative Assembly does not have the authority to elaborate or explain the presidential conditions, it is allegorical. Considering the mentioned conditions and consequently considering the parliament competence to identify the general conditions is more in line with the General Policies of the Election and some of the views of the Guardian Council. Moreover, considering the general legislative power of the parliament in Article 71 Constitution, it is possible to explain the specific conditions authorized in Article 115.

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APA: Copy

Bagheri Khozani, Mohammad Hassan, ATRIAN, FARAMARZ, & masoud, Gholam Hossein. (2021). Scope of Competence of the Islamic Consultative Assembly in Detailing and Explaining the Conditions of the President with Emphasis on General Policies of the Elections. JOURNAL OF PUBLIC LAW KNOWLEDGE, 10(33 ), 57-82. SID. https://sid.ir/paper/413403/en

Vancouver: Copy

Bagheri Khozani Mohammad Hassan, ATRIAN FARAMARZ, masoud Gholam Hossein. Scope of Competence of the Islamic Consultative Assembly in Detailing and Explaining the Conditions of the President with Emphasis on General Policies of the Elections. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2021;10(33 ):57-82. Available from: https://sid.ir/paper/413403/en

IEEE: Copy

Mohammad Hassan Bagheri Khozani, FARAMARZ ATRIAN, and Gholam Hossein masoud, “Scope of Competence of the Islamic Consultative Assembly in Detailing and Explaining the Conditions of the President with Emphasis on General Policies of the Elections,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 10, no. 33 , pp. 57–82, 2021, [Online]. Available: https://sid.ir/paper/413403/en

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