Feasibility Of Judicial Proceedings To Electoral Claims In Iran Legal System

Document Type : Original Article

Authors

1 PhD student in Public Law, Faculty of Law, Shahid Beheshti University

2 Associate Professor of Public and Economic Law, Shahid Beheshti University Law School

Abstract

Abstract:
Due to the importance of electoral claims and the need for fair proceedings to them, Explaining of the nature of electoral Claims among Gurdian Council functions could lead to judicial proceedings in electoral Claims despite the Guardian Council's approved oversight and There should be no conflict with the approval of this council.By examining Iran's Legal system in the form of exploratory- analytical research, it is clear that Electoral criminal cases are handled by the judiciary in a variety of ways. Legal election claims are not usually filed in the courts. The creation of a special electoral court is also inconsistent with the Council of Europe model of constitutional jurisdiction. However, given the non-political nature of electoral claims, it appears that judicial Review of Guardian Council decisions is possible via The Court of Administrative Justice. As a result, it should be noted that electoral disputes between citizens and election candidates and officials are mainly can be filed in the form of criminal claims and the presumption of legal claims In various ways, although it is not common, it is not prohibited by law. The Special Electoral Court's ruling requires a change in the model of constitutional jurisdiction, But judicial review of Guardian Council decisions requires a change in the ordinary law and interpretation of the Guardian Council from the Principle (170) of the Constitution, that is more compatible with the approach of monitoring, ensuring and guaranteeing the principle of legality.

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