| چکیده انگلیسی مقاله |
Javad Hossein Zadeh Official Member of Scientific Board of Higher Education Organization of Jihad Daneshgahi According to the 15 th article of "Islamic consultative assemblies' institutions, responsibilitits, and elections" law, the absolute majority of the audience' votes is a bases of credit of the Islamic consultative assemblies' decisions, whereas the legislator has not presented any preise' ecisions, definition for "absolute majority" in this law. In the famous Persian lexicons and the dictionaries of law, "half (of total number of audience's votes) plus one" has been presented, in a full agreements, as the definition of the absolute majority, whereas in some of the laws, this majority has beem interpreted as "more than half of the total number of audience's votes", The parallels of these definitions, without alluding to the term of "absolute majority", have been mentioned in the Commercial Reform Bill, which is ratified in 1347. But, none of these definitions, because of the discrepancy of their description or the legislator's silence, obviateel the problem of the consultative assemblies' institutions or she associations which were formed with an odd number. Therefore, always shere have been disagreement between the members of the consultative assemblies and the executors, in quorum validity. In other words, this question still remains that in the case of the legislators silence about the definition of the absolute majority according to is/her lexical definition (half plus one) or when the legislator has defined his majority as the same purport (half plus one), what is the whole number) which the decimal number (which is caused by applying the mentioned definition) must be rounded? The next highest or lowest whole number? While criticizing the notions of proportional and special majority, this article has proceeded to analyze the effects and the results which have been caused by each of the two definitions of the absolute majority, among the groups and the consultative assemblies which are formed with odd or even number, Finally it has inferred that the absolute majority has only one definition and it is nothing except: "more than half of the total number of audience. |
