The role of fundamental proceeding in protecting and safeguarding the people's choice in France and Iran

Document Type : Research Article

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Abstract

The existence of a supervisory entity with an impartial mechanism in elections plays a decisive role in the realization of desirable governance. Today, the complexity of elections makes “supervision” difficult and the responsibility of “fundamental proceeding” heavier. Supervision over elections is a two-bladed sword, which can guarantee and protect rights on one hand and threaten and restrict them on the other. Therefore, this research studies the foundation and examples of this kind of supervision in Iran and France using a descriptive-analytical method and seeks to answer the question of what mechanism the fundamental proceeding benefits from to safeguard the people's choice in France and Iran in order to protect the people’s rights in the best way. In response, it became clear that the Guardian Council has a broader role than the French Constitutional Council in some powers. However, both of them have effectiveness, efficiency, and coherence issues due to dispersion, ambiguity, inconsistency of behavior, and lack of transparency that exist in most of their jurisdictions and the conduct of their agents. In addition, this has led to high legitimacy today, despite the fact that the activities of these entities are somewhat distant from their theoretical foundations and main protection principles.

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History

  • Receive Date: 13 May 2018
  • Revise Date: 07 August 2018
  • Accept Date: 16 September 2018

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