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

Document Type : Research Article

Authors

1 Ph.D. Student in Public Law, Islamic Azad University, Research Branch, Tehran, Iran

2 Professor of Public Law, Faculty of Law and Political Science, University of Tehran

Abstract

The existence of a supervisory entity with an impartial mechanism in the election plays a decisive role in realization of a desirable governance. Today, the complexity of the election makes the "supervision" hard and responsibility of "fundamental proceeding" heavier. Supervision over election is a two-bladed sword, which can guarantee and protect the rights on one hand, and threatens and restricts it on the other hand. Therefore, this research studies the foundation and examples of this kind of supervision in Iran and France using 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 the effectiveness, efficiency, and coherence due to the dispersion, ambiguity, and inconsistency of behaviour and lack of transparency exists in most of jurisdiction and conduct of their agents. In addition, this has led to a high legitimacy today, despite the fact that the activities of these entities are somewhat distant from theoretical foundations and main protection thoughts. 

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History

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

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