نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
The Guardian Council is based on Article 99 of the Constitution and interpretive theory No. 1234 dated 1/3/1370. However, it is necessary to explain the approach or theories that govern qualification and the rules that govern it. By emphasizing and explaining the practical and legal procedures, this research explains the principles governing the process of examining the competence and based on that, it considers the approach governing the determination of competence as a legal approach.. In this approach, the basis of which is based on the principle of maximum participation, it is a "right" for the candidates to be selected, and legal principles such as filing a lawsuit, knowing the reasons for disqualification, providing defenses or explanations prevail. Based on this approach, the authority to determine the competence in meeting the qualitative conditions of "commitments" to Islam, the constitution and the jurisprudence, also considers conventional and reasonable customs based on social developments, and customs all good (positive) and bad (negative) precedents. ) sees the candidate together to determine eligibility. And it acts in such a way that the qualification circle is not so narrow that few candidates are approved for the election of the Islamic Council. The research method in this research is descriptive-analytical and the method of collecting information in the form of documents and libraries and using the opinions of the Guardian Council and emphasizing on the amendment of the Islamic Council Election Law approved on 5/1/1402.
کلیدواژهها English
