جستجوی مقالات مرتبط با کلیدواژه « president » در نشریات گروه « علوم انسانی »

During the revision of the Constitution of the Islamic Republic of Iran, due to the developments that took place in the management of the executive branch, article (130) mentioned the issue of the resignation of the president, only in short terms. In this paper, it is stipulated that "the president submits his resignation to the leader and continues to perform his duties until his resignation is accepted." Therefore, there was no specific reference to the terms and procedures for the president's resignation. It was also not mentioned that the law determines the details of this issue. Although there has been no case of the resignation of the president in the Islamic Republic of Iran, we cannot ignore the research on the terms and procedures for the resignation of this political official. Based on this, this paper, using a descriptive-analytical method and adopting a comparative approach, discusses the subject of the terms and procedures for the resignation of the president and, inspired by the constitutions of different countries, triesto present a clear outline regarding the above-mentioned subject.

The issue of the authority of the president in Iran is always one of the topics that are in the presidency of Indviduals andAbstractThe issue of the authority of the president in Iran is always one of the topics that are in the presidency of Indviduals and the beginings of the officals elections in scientific and public circles, and as well as two general views of Mitney on the interpretation of the point of extensive survey, it is true that There is an interstitial View in this regard, because the relationship between these two interpretation (public publicy)is. In this research, with a descriptive analytical review, while reviewing the constitution and the law of determining the scope of the presidency and responsibilies of the Islamic Republic of Iran, we have concluded that even in accordance with the view of destrictive interpretation Also in the scope of the authority of the president as a responsible for the executive of the constitution, the place of conflict is outside the area of the executive branch, not in the executive branch Itseif. And in other words, the implementation of the constitution in the executive branch is located as a common magnitude of the president’s at least it is practice of his authority of other laws

The purpose of the present research is to compare the governmental commands of Wali-e Faqih and special authority of the U.S and France presidents in unconventional conditions. The research method is descriptive-analytical, and the results indicate that authority of the U.S and France presidents in unconventional situations and crises relies on the individual so much more extensive and higher than the governmental command of Wali-e Faqih. Moreover, the supreme ruler in most political systems around the world has authority and power beyond the framework of the constitution and codified laws in order to manage society in unconventional and critical situations. However, in comparison, it can be claimed that the governmental command of Wali-e Faqih is executed after constitution as well as religious and accurate conditions such as observing interest, justice, and consultation with the Expediency Council as a consultative council. The review process of the U.S and Republic of France constitution shows lack of attention to people’s political participation in the realm of power in those countries because the role of public vote is neglected in major decisions and constitution as the national covenant

Guardianship of the Constitution is one of the most eminent subjects of public law which brings controversies among public lawyers. For instance, one of the most influential lawyers, a German jurisprudent named Carl Schmitt believed that it is the president who should be in charge of the guardianship and protect the constitution in the state of exception. In the constitution of the Islamic Republic of Iran, according to article 113, it is the duty of the president to guard the constitution and on few instances Presidents struggled to take the position but they were not successful. Authors of this article believe that there is no resemblance between Carl Schmitt’s point of view and the constitution of the Islamic Republic, since president has minimal prerogatives which are not sufficient for the guardianship. Moreover, the president in the constitution of the Islamic Republic of Iran is in fact a prime minister who has a few prerogatives of a president.

Although the eligibility of presidential candidates is specified in Article 115 of the Constitution, not mentioning cases, the ambiguity of some conditions of candidates, the requirement to implement general election policies, and the requirement to utmost minding in defining the conditions of the presidential candidates, especially the Guardian Council's conditions about being a religious and political figure, created a situation for the presidential candidates to attract the attention of the public and politicians at a particular time. In the Guardian Council resolution, some conditions of the presidential candidates are more objective, so that identifying potential candidates has become more tangible. However, the legal explanation of the eligibility of the presidential candidates, in addition to making the cases clearer, theorizes the criteria for recognizing the presidential candidates from others in a way being far from the previous ambiguities and being diagnosed by the general public. Being a perceived religious and political figure candidate requires a prerequisite for achieving the desired conditions to approve Guardian Council's oversight. Clarifying the conditions of religious and political status, in addition to specifying the procedures and methods of the Guardian Council's examination of the qualifications of candidates, makes the criteria of qualified candidates more transparent for the general public. However, since the aforementioned resolution describes the conditions of presidential candidates in more detail, it supports making the election process more transparent. In this study, in the beginning, the conditions of the presidential candidates are briefly mentioned, then the condition of being a political and religious figure was examined and in conclusion, the resolution of the Guardian Council was reviewed.

According to the constitution, the president is accountable to the people and the parliament. Therefore, in order to perform its duty, it must have the authority to supervise its subset (the Council of Ministers). The president oversees the cabinet in two direct and indirect ways. In direct supervision the President, as head of his subdivision, he has hierarchical and custodial supervision and may thus supervise their work by making decisions such as warning, dismissing, or reprimanding the Minister, it can also directly review the approvals and regulations of the Cabinet and amend or repeal them. Indirect supervision of the President by the Cabinet is carried out through the offices and inspection bodies, the Administrative Violations Board, and his deputies, in addition, performance guarantees are provided by law for the responsibility of ministers. Supervision through offices and inspection bodies, the Board for Investigation of Administrative Violations, its deputies were indirect, in addition, performance guarantees are provided by law for the responsibility of ministers. What is examined in this study is the study of the President's oversight of the performance of ministers.

The purpose of the present study is to review justice-centered and moderate approaches in the nuclear policy of the Islamic Republic of Iran. Since the nuclear policy of Ahmadi Nezhād’s and Rowhāni’s government had more significance than those of other governments in Iran from the victory of the Islamic revolution, the present research aims to deal with the comparative analysis of the nuclear policy of the two aforementioned cabinets. The research method is descriptive-analytic and the results indicate that Ahmadi Nezhād’s nuclear political approach based on the theoretical model of realism, relied on an aggressive nuclear diplomacy which led to the resolution and global consensus against Iran, and as result, Iran was put under chapter VII of the United Nations charter. Contrary to the aggressive nuclear policy of Ahmadi Nezhād’s government, there was Rowhani’s interactive nuclear policy which used a moderate discourse and attempted to apply it as a means of negotiation with the world and a mechanism to develop the country and improve its status in international equations. The result of such a policy was Joint Comprehensive Plan of Action (JCPA), excluding Iran from chapter VII of the United Nations charter, and the relative lifting of sanctions.

Although criminal laws have strong enforcement instruments, in order According to Article 113 of the Constitution, after the Supreme Leader, the president is the highest official in the country. He is responsible for the implementation of the Constitution and the head of the executive branch, except in matters which are directly related to the Supreme Leader. The rationale of the aforementioned principle is that the president is the highest executive authority. According to Article 114 of the Constitution, he is elected by direct vote of the people. Therefore, considering that the president is elected by the people and takes over the implementation of affairs that are the affairs of the absolute authority of the jurist, it seems necessary to examine the nature of his decisions, in such a way that the president is the lawyer of the people and the validity of his decisions as the decisions of the lawyer is limited to the limits set in the constitution or that he has authority through the implementation of the leader in the determinate compass and whether can act absolutely according to the interests of the wards or is his choice a sign of allegiance and the effects related to it are current? Among these effects, we can mention people's loyalty to all the decisions made.Therefore, an attempt has been made to explain the concepts of "province", "representation" and "allegiance" with a descriptive-analytical and library method and by adapting them to the limits of the president's powers in the Constitution, the juridical nature of these decisions has been clarified.Considering these concepts and examining the necessary conditions for the president and the limits of his possessions in the constitution, the president’s privilege of the title of authority will be given. Because legislation, judiciary and implementation of laws are the affairs of the absolute authority of the jurist and considering that these affairs are delegated to triple forces in the system of the Islamic Republic of Iran, political representatives, who are called people's lawyers, as well as the president, have the title of authority, that this province is during the absolute jurisprudence of the jurist and it is obtained by means of tacit (representatives of parliament) and official (president) confirmation. It goes without saying that the nature of elections in the process of electing parliament members and the president is allegiance to the Islamic government because, as mentioned, the works of the triple forces are the affairs of the absolute authority of the jurist, whose implementation has been entrusted to the aforementioned forces.

Constitutional law is one of the most important fields of legal knowledge and its close connection with political science has led thinkers in the other fields of humanities to discuss the concepts and principles of this knowledge. Max Weber, one of the most important thinkers of recent centuries, has carefully reflected upon the knowledge of law, especially Constitutional law. He lived in a turbulent time and witnessed the rise of Germany as well as its decline. In the midst of World War I, Weber addressed Constitutional law issues and provided analyses in this regard and later played a vital role in drafting the Weimar Constitution. He was a supporter of the presidentialism and the extraordinary powers of the president, which were enshrined in the Weimar Constitution and later created many problems. This article aims to examine Weber's theory of Constitutional law and to explain his outlook and interpretation towards issues such as the president, parliament, and democracy

The ICC jurisdiction in pursuit of Omar Al-Bashir, deposed President, and cooperation necessity of new Sudanese state in this regard are preceded by a record issue in the Security Council Resolution. The Resolution on the new Sudanese state after Al-Bashir’s depose is still binding to surrender him to the ICC instead of being tried in domestic courts. The comparative feasibility study of this theory, considering the situation of Al-Bashir’s removal from power and the non-membership of the Sudan in the ICC is one of the aims and topics of this paper. The study method is descriptive-analytical and relies on requirements of the Resolution and the ICC Statute. The main question of the research is what the effect of the Resolution components and the Statute on obligation of the new Sudanese state to hand over the deposed president instead of domestic trials are.  The findings of research show that Omar Al-Bashir’s removal from power does not only affect the requirements of the Resolution and the provisions of the Statute, but it also facilitates the handing over and initiation of his trials in the ICC. Therefore, the new Sudanese state, as a successor continues to address the requirements of the Resolution and the Statute to hand over Al-Bashir to the ICC

In the constitutional law of any country, constitutional reform is one of the ways out of legal barriers, as a result, there may be changes in the power of senior officials. In Iran, in 1989, constitutional amendments were made the result has been a shift in some of the powers of senior government officials and it is worthwhile to address it from the point of view of constitutional law. Among the institutions that were reviewed in the mentioned reforms; it was the "presidency." The present article seeks to answer this question: What are the most important legal reasons for deprivation of the dignity of the Presidency of the "President" in the structure of the 1989 amended constitution? In answer to this question, using the research method descriptive-analytical, the research results indicate that first; The dignity of the "presidency" was lost as a result of these reforms. Secondly; Due to the persistence of the institution of "presidency" in the constitutional logic, it is erroneously assumed that in these amendments, the institution of the "Prime Minister" was removed and his powers were transferred to the President However, what actually happened was the removal of the "presidency" institution and in this sense, the wording of the constitution needs to be amended.

The purpose of the present study is to review the themes and components of charismatic leadership in the speeches of Mahmoud Ahmadi Nezhād in his provincial trips. The results of the research conducted by qualitative content analysis of the provincial speeches of Mahmoud Ahmadi Nezhād indicate that the themes and components related to charismatic authority as the dominant facet have the highest frequency in the speeches made in his provincial trips. In other words, from among 1622 units of analysis, 490 (30.2%) cases have dealt with subjects other than charismatic authority and the rest including 1132 units (69.8%) contain elements of charismatic authority. This figure clearly indicates the dominance of the above themes in the speeches under study and conveys that Mahmoud Ahmadi Nezhād recognizes his power not just as a conditional and temporary advocacy or a given subject resulting from people’s votes in the framework of the Islamic Republic, but rather as the manifestation of the will of mass of people to perform great missions originating from a bonding deeper than what is known as political representativeness given by people to the selected officials in the states based on election. It is an infinite and unlimited power, compatible and aligned with goals and missions such as justice and development that give legitimacy to that.

In today's turbulent world, what has become the focus of attention in the future is the use of the opportunities that lie within it, in order to be resilient and to avoid surprises. This has led many individuals and organizations to always seek to discover the future and take preemptive action to reap its benefits. One of the most important contexts of this view in Iran is the presidential election, which in 2021 became the focus of various currents to reduce or increase public participation. In this article, first, the environment surrounding the participation in the elections of 2021 categories and the drivers of each category have been analyzed. A meta-analysis of elite views based on a review of trends in society and the social space shows that key uncertainties covering other uncertainties are the two factors of "hope and livelihood". This means that each of the drivers can have a positive or negative effect on social hope, as well as on improving or worsening the living conditions of society. Thus, these two play a role as a framework of scenarios. Finally, four scenarios of enthusiastic participation, participation of people to change the situation, negative participation and not to the ballot (minimum participation) have been determined and examined as scenarios of participation in elections.

According to the first part of Article 115 of the Constitution of the Islamic Republic of Iran, the President must be elected from among the qualified religious and political figures (Rijal). The question that arises when interpreting this principle is, firstly: does the word man mean only the masculine gender or both sexes? According to the second possibility, the figures (Rijal) will be religious and political, not necessarily male. But according to the first one, which is also confirmed by the principle of Haghighat, we believe that the meaning of this word is relates to current adjective, therefore, it has no effect on the necessity of being a presidential candidate. Finally, assuming that the meaning of the word man remains obscure, in more than one definite case, the practical principle prevails, the result of which is the license of the women's presidency. This article, while studying the process of approving of this principle, by analyzing the current adjective and matching it with the words in the phrase "religious and political man", has analyzed the meaning of this principle from the perspective of knowledge of the principles of jurisprudence.

The Interpellation of the president is one of the strongest tools of parliament to supervise the executive, which is accepted in the Constitution of the Islamic Republic of Iran under Article 131. This legal mechanism has been used only once after the Islamic Revolution which was before the Constitutional Review and the change in the parliamentary regime and that's why not much legal content has been produced to clarify the details of this process, as well as to determine the duties of the executive after the Interpellation and dismissal of the president. This has made the oversight tools which is typically used in tense and inflammatory conditions, unclear and non-transparent. In this descriptive-analytical study, we intend to consider the constitution and other related legal norms, including the Rules of Procedure of the Islamic Parliament of Iran and Rules of Procedure on how to check the political inadequacy of the President. We also evaluate the legal preparations and sequences of the president's interpellation and investigate the challenges that exist in this area, such as the absence of the president in the interpellation session, the condition that the Leadership disagrees with the dismissal of the President or the substitution of the first vice president, How to supervise the performance of the deputy and the Presidential Council during the substitution etc. We also provide reasonable suggestions to rectify these weaknesses. We have also answered the question, how are the preconditions and results of the president's impeachment analyzed in the Iranian constitute.

Political institutions in the light of the evolution of political thought and theories can show new possibilities and limitations. The President has an important and decisive position in the Iranian Constitution, which stems from the direct vote of the people, the ratification of the Supreme Leader, the representation of Iran's national sovereignty in relation to other countries, and its symbolic national face.Today, when the power of states and governments has diminished and, instead, human and individual responsibilities have been highlighted in various spheres of society, politics, and economy and in common human issues, the position of the President, according to new readings, acquires such capacities.Today, as the power of states and governments has diminished and, instead, human and individual responsibilities have been highlighted in various spheres of society, politics, and economics and in common human issues, the position of the President, according to new readings, acquires such capacities.The question of this research is what is the role and position of the president in the constitution according to the efficiency indicators and how can this position be promoted in practice to increase his efficiency? The position of the President is studied in this article with the aim of recognizing and explaining the new possibilities of political action.This effort is based on the components of efficiency within the normative institutional theory. The results show that all the human and cultural content of Constitution can show and reveal new functional aspects for president according to those components.

Governance is not a field for trial and error; because it deals with the fate of the people; Therefore, it must be done with the utmost care and finesse and scientific calculations. What politician learn in practice and thus learn a lesson, policy makers experience in the policy laboratory! Also, what lagging countries experience in policy implementation and performance at exorbitant costs is what advanced countries learn in the policy lab? The present study, considering the consequences of untested public policy implementation and comparing their various possible harms, considering the possibility of their initial testing in the laboratory environment and preventing various costs of implementing immature policies, emphasizes the need to the public policy test prior to the approval and implementation of public policies.  This study deals exclusively with the executive branch and considers the bottlenecks of the policy test in that branch; The bottlenecks that cause many public policies to become problematic and problematic areas of society instead of solving problems and de-problematizing them from the public sphere.

The Article 157 of the Constitution places the responsibility for all "judicial", "administrative" and "executive" affairs of the judiciary on the head of the judiciary. According to the Article 160 of the Constitution, "full financial and administrative powers as well as employment powers [of the judiciary]" are provided for the head of the judiciary. In addition to the mentioned Articles, according to the Articles 126 and 52 of the Constitution, the President is "directly" introduced as the person in charge of program and budget affairs and administrative and employment affairs of the "country", and on the other hand preparing the "annual budget of the whole country" is vested in the government (the executive branch). Therefore, resolving the existing ambiguities regarding the limits of the administrative and financial competence of the head of the judiciary and explaining the manner in which it relates to the administrative and financial competencies of the president has been the mission of this research. Examining this issue in a descriptive-analytical format showed that according to the interpretation of the Articles of the Constitution, although the administrative and employment competence of the judiciary is with the head of that body, but due to coordination of affairs and suitable distribution of financial and administrative resources, this competence should be exercised with the coordination and approval of the president.

The US Constitution mandates the President to sign the bills approved by the Congress. The president can, within a deadline of ten days, sign a bill approved by the Congress, which will result to a law. If the President rejects the bill within that deadline for any reason and returns to the House which it was originated, the President's action shall be considered as a regular veto. After reconsideration, the Houses may, with two-thirds of the votes of their members, insist on its previous resolution, in which case the president's veto will be ineffective and the congressional resolution becomes a law without President's sign. If the ten-day deadline passes and the president does not announce his signature or veto, while the congress is at a session, the bill becomes a law; however, if the congress is not in session, the bill will not become a law. In this case, the pocket veto has been taken. Therefore, a pocket veto is possible at the time of the intersession and final session closurs of congress, but it is not feasible and is contrary to the constitution at the time of intrasession closurs of congress. The Supreme Court has unequivocally proclaimed the partial veto of the approved bills as a constitutional violation.