Foundations and Principles of Ascertaining the Competency of Representation of the Islamic Consultative Assembly

Determining the necessary conditions for tenuring the Parliamentary Representation is in every legal system based on a series of foundations. Also, monitoring and evaluating the presence or absence of these conditions are realized based on some principles and criteria. The sovereignty right of the righteous people over the society and the social self-determination right are as the most important ruling foundations on ascertaining the representation’s candidate competency considered in the Constitution of the Islamic Republic of Iran. The legislator regarding these foundations has anticipated some conditions in the Election Law of the Islamic Consultative Assembly. Some of these conditions have qualitative and substantive aspect which can’t be ascertained just by using objective and typical instruments and some of them have formal aspect in which it is sufficient to ascertain them by objective and typical instruments. Preserving such foundations requires the evaluation of the conditions and adapting them to the representation candidates of the Islamic Consultative Assembly to be realized according to some particular principles and criteria especially regarding the qualitative and substantive conditions. The principles of the rule of law, being documented and reasonable, observance of the right to be heard, incompetency (disqualification), the necessity to ascertain the competency and being the objective instrument necessary and sufficient to ascertain the formal conditions are as the principles should be considered in this regard.