Open AccessAn Analysis on the Feasibility Study of the Comparison Between Article 68 of the Constitution of the Islamic Republic of Iran and Article 5 of the Election Law on the Suspension of Presidential Elections
Author(s) -
Masoud Abdi,
Mahdi Ghahraman
Publication year - 2021
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v8i4.2419
Subject(s) - constitution , presidential system , law , guardian , islamic republic , presidency , islam , the republic , political science , analogy , presidential election , sharia , politics , theology , philosophy , linguistics
The ultimate goal of this analytical study is to assess the analogy between Article 68 of the Constitution of the Islamic Republic of Iran and Article 5 of the Election Law on the suspension of presidential elections. The reason for the ruling in Article 68 of the Constitution of the Islamic Republic of Iran cannot be extended to Article 5 of the Presidential Law to use the analogy. First, because the reason for the ruling in Article 68 of the Constitution of the Islamic Republic of Iran is the suspension of the Islamic Consultative Assembly elections during the war and military occupation with the President's proposal and the Guardian Council's approval. Secondly, there is no such necessity for holding presidential elections in force majeure time, and the Constitution has provided for the sponsorship of the presidency if the presidential election is not held. Thirdly, assuming that impossibly to cite it, one of its basic conditions, the president's proposal, is missing because his term is over. On the other hand, in Article 5 of the Islamic Republic of iran Law and Article 7 of the Guardian Council; according to Article 68 of the Constitution, the election is suspended and annulled with the approval of the Guardian Council. These two articles do not have any conflict with each other and each of them is applicable in its place, but the approval of the Guardian Council to stop the presidential election in case of force majeure has priority under certain conditions.