Supervision of elections in the Islamic Republic of Iran

Document Type : Original Article

Authors

1 PhD student in Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.

2 Department of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran (corresponding author)

3 Department of Public Law, Faculty of Humanities, Shiraz Branch, Islamic Azad University, Shiraz, Iran.

Abstract
Today, the issue of monitoring elections is fully accepted in the world, monitoring elections based on Article 99 of the Constitution is one of the duties of the Guardian Council, the approval and disqualification of election candidates, the cancellation of some election funds by the Guardian Council during the elections. It is that the issue of monitoring elections and the type of this monitoring is one of the important issues in the social-political arena, political and legal circles.

The election monitoring process should also be explained clearly and unambiguously in a legal framework, so as to hope for a democratic election.

On the other hand, there will always be damages due to the norms within the society as well as the structure of the election laws, which means that the election institution may be the only operator of the election due to its structure and legal framework, or it may not perform the task of implementation and monitoring. Therefore, it is necessary for supervisory institutions to redouble their efforts to hold useful elections.

Considering the right of interpretation given to the Guardian Council by the Constitution, this council has considered its supervision of the elections in all stages (before, during and after the elections) as discretionary and due to the ambiguity in explaining key concepts such as discretionary supervision, the criteria The evaluation and principles governing the evaluation of candidates' qualifications, the supervision of the Guardian Council have continued to be the subject of discussion.

Keywords

Subjects

Ahmadi Ali, Elections in Iran, Mizan Publishing, Tehran, 2009.
Eteat, Javad, Elections and Supervision of the Guardian Council, Basic Rights Journal, Issue 2, 2004.
Alvani, Mehdi, General Management, 2nd Edition, Issue 24, Tehran, Nay Publishing, 2005.
Peyman, Habibollah, Approvative Supervision is Contrary to the Rights of the Nation, Afkar Publishing, Tehran, 1999.
Jafari Langroodi, Mohammad Jafar, Property Rights, Ganj Danesh Publishing, Tehran, 1994.
Jafari Langroodi, Mohammad Jafar, Legal Terminology, Tehran, Ganj Danesh Publishing, Tehran, 1989.
Habibzadeh, Mohammad Jafar and Hosseinzadeh, Javad, Legal Position of the Guardian Council Supervision Offices in the Framework of Criticism and Analysis of the Decision of the Administrative Court of Justice, Modarres Ulum Ananisah, No. 3, 2004.
Khomeini, Ruhollah, Tahrir al-Wasileh. Vol. 3, Dar al-Muktab al-Ilamiyah, 1953.
Sharif, Mohammad, A legal perspective on the category of discretionary supervision, Collection of articles on discretionary supervision, by the efforts of the General Office of Tahkim Vahdat, Afkar Publishing House, Tehran 1999.
Safaei, M., Monitoring elections for their health or guidance, Journal of Law and Society, Year 2, Issue 12, May 1999.
Amid Zanjani, Abbas Ali, Jurisprudential foundations of the Constitution of the Islamic Republic of Iran, Jihad Daneshghaghi, undated.
Amid Zanjani, Abbas Ali, Guardian Council and Supervision of Referendum Elections, Tehran University Press, Tehran, 1997.
Eyazi, Mohammad Rahim, General Policies of the Islamic Republic of Iran System in the Field of Economy, Islamic Research Center of the Iranian Broadcasting Corporation, 1995.
Qaysari, Noorallah, Taheri Fadafan, Daniyal, Bagheri Farsani Mehdi, Election Management in Iran; Quality and Implementation Evaluation, Strategic Policy Research Quarterly, 2015.
Katouzian, Nasser, Civil Law; Specific Contracts; (Gifts, Gifts, Endowments, Wills), Yalda Publications, Tehran, 1980.
Katouzian, Naser, Introduction to the Science of Law and Study in the Legal System of Iran, 32nd Edition, Publication Joint Stock Company, Tehran, 1982.
Katouzian, Naser, Philosophy of Law, Vol. 2, (Sources of Law), 3rd Edition, Publication Joint Stock Company, Tehran, 1998.
Katouzian, Naser, Wills in Civil Law, Vol. 3:, Iran Qognos Publications, 1999.
Kaviani, Hamid, Guardian Council Against an Election, Divergence or Convergence, Rah-e-No, No. 9, 1998.
Golshan-Pajouh, Mahmoud Reza, Comparative Study of Electoral Systems, Tehran, Abrar Publications, 1999.
Levi-Bruhl, Henry, Sociology of Law, translated by Abolfazl Ghazi Shariatpanahi, Tehran University Publications, February 1991.
Mohtashami, Ali Akbar, Chand-Sadai In Society and Clergy, Publication of the Event, First Edition, Tehran, 1990.
Madani, Seyyed Jalaluddin, Comparative Basic Law, Ganj Danesh Publications, Tehran, 1995.
Madani, Seyyed Jalaluddin, Elections in Iran, Past and Present, Zamaneh Quarterly, No. 15, 1993.
Marandi, Mohammad Reza, Reflection on the Basics of the Arguments of Consent-Based Supervision, Collection of Articles on Consent-Based Supervision, Publication of Afkar, Tehran, 1999.
Nikzad, Abbas, Response to Doubts of Consent-Based Supervision, Directorate General of Public Relations of the Guardian Council, Tehran, 1991.
Najafi, Mohammad Hassan, Jawaher al-Kalam fi Sharh Sharay’ al-Islam. Vol. 11. Al-Morteza Institute of Arab Historian, 1992.
Hashemi, Seyyed Mohammad and Adalat Jo, Comparative Study of Monitoring Parliamentary Elections in Iran and England, Free Legal Research Journal, No. 11, 1390.
Ali-Akbar GORDJI- The Jurisdictional Nature of the Constitutional Council and the Iranian Guardian Council- Iranian Review of Constitutional Law- No. 4-Summer 2005.