Professor, Faculty of Law Shahid Beheshti
Abstract: (15756 Views)
Sayed Mohammad Hashemi
Professor, Faculty of Law Shahid Beheshti
Under Art. 99 of Constitional Law, The supervision on election is construed a duty of the Guardian Council (Shoraye Negahban). In order to prevent the influence of executors and to guarantee a safe election, it is obvious that there should be some sort of supervision. The first condition to reach this aim is that the members of the Guardian council should not have an effective relationship to political factions and groups, and the rule of prohibition of membership in the Council with the other executive duties must be observed. In this article, by investigating the “expedient supervision” and “supervision for taking in formation” while considering the quality of the supervision, it is concluded that the superintendence of the Guardian Council is disciplinary so that the Council as an impartial observatory by comparing the volunteers’ identification with the legal conditions and by supervising the course of election could guarantee a legal and free election.
Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30