Legal barriers to the establishment and development of parties in Iran with a critique of the law on the activities of political parties and groups 2016

Document Type : Original Article

Authors

1 PhD Student in Public Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

2 Associate Professor, Department of Law, Allameh Tabatabaei University, Tehran, Iran

3 Assistant Professor, Department of Law, Shahid Beheshti University, Tehran, Iran

10.30510/psi.2022.319702.2801

Abstract

Parties are a set of members of society that are established and formed on the basis of articles of association and ideologies that need efficient and unambiguous laws for their formation and development. In legalistic societies, the law always explains the existence or non-existence of an establishment, a process and ultimately its end. Accordingly, the Constitution of the Islamic Republic of Iran, in its twenty-sixth principle, recognizes the freedom of activity and the formation of political parties, taking into account certain conditions. Regarding the parties, by examining the relevant laws, especially the Law on Parties in 2016 as the last approved law in this field, we find that the legislator, based on the powers derived from the Constitution, has exercised extensive control and supervision over parties from its inception to dissolution. This legislative approach has led to the inefficiency of the legal system of the parties.Considering the importance of laws in the establishment and party activities, the present study tries to examine the obstacles to the establishment and development of parties by descriptive-analytical method by criticizing the law of 2016, and offers solutions to get the parties out of the current passive situation.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 342-360

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