Study the theory of "election monitoring fundamental rights of the Islamic Republic of Iran"

Authors

1 Qom seminary graduate and postgraduate public law institute of Imam Khomeini

2 Faculty, Assistant Imam Khomeini Education and Research Institute

Abstract

Ninety of the Constitution on the principle of election monitoring by the Guardian Council. There have been different views about the nature of this supervision, some oversight consultative nature and some consider it passive. Another theory is that in this context, the theory of "election monitoring" is. According to this theory, the use of mandatory supervision and passive, each alone in the field of private law, but to monitor the elections is a matter of public law. Thus, the nature of the Guardian Council election monitoring, not consultative or passive, but "election monitoring" is. In this theory, the approach to the analysis and evaluation of legal jurisprudence. Based on the findings of this study, the definition of mandatory supervision and selective author of incomplete and can not be passive use of mandatory supervision and be confined to private law because the nature of monitoring according to the observer status and independence or lack of independence, he is determined and nature Guardian Council election monitoring multiple reasons "mandatory supervision" and the interpretation of the Guardian Council confirms the analysis and interpretation.
 
 

Keywords

Islamic Revolution Research
Volume 3, Issue 4 - Serial Number 11
December 2015
Pages 143-171

Files

Share

How to cite

Statistics