The Resignation of General Authorities in the Constitutional Law of Iran; a defining and absolutist approach (a legal-jurisprudential study)

Forming a government and its dependence on general and political authorities and agents is open to various rulings, from which one can refer to the fact that the necessity of implementing the Islamic rulings depends on the existence of a government. Given the conditions and qualifications, rulers and agents’ taking up the suggested office is open to dispute. However, this article seeks to examine the question of the resignation of the agents from the perspective of comparative jurisprudence and law. The importance and necessity of dealing with the issue in question lies in the fact that, due to assuming an absolutist approach and paying no considerable attention to the rights of people, and in some cases because of some intrinsic and institutional restrictions, the laws of the Islamic Republic of Iran regarding the resignation of different authorities such as leader, members of the parliament, president and ministers may cause disruptions in political system of the country. Taking a descriptive-analytic approach and a library research method, the present article seeks to criticize the absolutist approach to the resignation of authorities, and to offer some stipulations based on the findings from the comparative studies carried on jurisprudential and legal resources. These stipulations covers such ideas as keeping the Muslim community from harms and damages, taking actions according to the agreement reached by some leading party or institution, infringement of others’ rights and coming short of the full performance of a duty.