Parliamentary Political Supervision of Ministers in the Mashrooteh (Constitutional) Era and the Islamic Republic Regime

Document Type : Research Article

Authors

1 Associate Professor, Department of Public and International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

2 PhD Student in Public law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

Abstract

In parliamentary regimes, principally parliament has the authority to remove political officials from office due to violation of laws or failure in execution of governmental duties. Mechanisms of political  supervision of ministers include notification, questioning, and impeachment. This article employs a descriptive-analytical method, by using library sources, to examine the subject of formality for the political supervision of ministers under the legal system of Islamic Republic of Iran and the Mashrooteh (Constitutional) era. Comparative analysis and historical evolution of this topic pose the question of which system, either the Mashrooteh (Constitutional) or Islamic Republic, has had a more dignified approach to the formality of political supervision of ministers by taking into account the legal, cultural, and historical background of Iran?
     The outcome of this research demonstrates that in the mechanisms of notification and questioning, the current political system, contrary to the Mashrooteh (Constitutional) one, has systematically and rationally provided rules governing the application of these parliamentary competencies. On the other hand, in impeachment mechanism, limiting the Members of Parliament to propose it in specific cases, and the effective and accurate examination by Commission had turned the impeachment process into a reasonable and efficient formality during the Mashrooteh (Constitutional) Era, while, in the Islamic Republic system, the quorum for proposing impeachment, the ease of the application of impeachment process, and the broad scope of impeachable subjects have posed notable challenges.

Keywords

Main Subjects

References

1. Abolhamd, Abdulhamid (1386 SH). Foundations of Politics. 6th Edition, Tehran: Toos.
2. A'ine-Negini, Hossein (1395 SH). Exploration of the Key Concepts of Multifaceted Oversight in Constitutional Law (Research Report). Office of Law and Legislation Studies, Guardian Council Research Center, Serial Number: 13950013.
3. Akhavan Kazemi, Bahram (1391 SH). Oversight in the Islamic System. Tehran: Islamic Culture and Thought Research Institute.
4. Ameri, Zahra (1394 SH). Political Oversight over Power and Its Application through the People in the Legal System of Iran. Sepehr-e-Siasi, 2 (3), pp. 115-138.
5. Ansari, Masoud (1352 SH). Legal Immunities. Tehran: Eshraghi.
6. Ashkboos, Hamzeh & Aslani, Firouz (1397 SH). An Analysis of the Interrogative Oversight Tools of Ministers in the Legal System of the Islamic Republic of Iran and the Dominant Issues. Islamic Law, 15 (56), pp. 57-76.
7. Boushehri, Jafar (1351 SH). Fundamental Rights. Tehran: University of Tehran.
8. Faryadi, Masoud (1387 SH). Examining the Position of Ministers' Interrogation in the Fundamental Law of Iran. Legal Information, (13), pp. 49-72.
9. Fattahi Zafarqandi, Ali (1394 SH). The People and the Islamic Government with a Look at the Position of the People in the Constitution of the Islamic Republic of Iran. Tehran: Guardian Council Research Center.
10. General Office of Cultural Affairs and Public Relations of the Islamic Consultative Assembly (1364 SH). Detailed Report on the Parliament's Final Review of the Constitution of the Islamic Republic of Iran. 1st Edition, Tehran: General Office of Cultural Affairs and Public Relations of the Islamic Consultative Assembly.
11. Habibi, Hassan (1364 SH). The Political Relationship between the Parliament and the Executive Branch. Legal Research Journal, (1), pp. 23-63.
12. Habibnejad, Seyed Ahmad & Amiri, Zahra (1393 SH). Foundations of Oversight in the System of the Fundamental Law of the Islamic Republic of Iran. Political Science, 56 (17), pp. 7-32.
13. Habibnejad, Seyed Ahmad & Saeed, Zahra (1399 SH). Oversight Challenges of the Islamic Consultative Assembly on Development Plans. Public Law Knowledge, 9 (28), pp. 93-114.
14. Hashemi, Mohammad (1384 SH). Fundamental Rights of the Islamic Republic of Iran. Tehran: Dadgostar.
15. Hedayat, Mehdi Gholi (Mokhber al-Saltaneh) (1385 SH). Memories and Dangers (A Beacon from the History of Six Kings and a Corner of My Life). 3rd Edition, Tehran: Zovvar.
16. Herati, Mohammad Javad (1391 SH). Fundamental Rights and Governance Structure in the Islamic Republic of Iran. Bu-Ali Sina University.
17. Hosseini, Seyed Mojtaba, Akbarzadeh, Fereidoun, Ameri Golestan, Hamed & Shahabi, Rouhollah (1399 SH). Research Journal of History, 15 (59), pp. 41-66.
18. Javan Arasteh, Hossein (1384 SH). Socio-political Rights in Islam. Qom: Nashr-e-Ma'arif Office.
19. Koushki, Mohammad Sadegh & Ajjorlou, Ismail (1387 SH). The Duties of the Parliament and the Conditions and Scope of Legislation from the Perspective of the Late Akhound Khorasani (May God's Mercy Be Upon Him). Islamic Law Research Journal, No. 1, Issue 27, pp. 193-231.
20. Mansourian, Naser Ali (1390 SH). Political Responsibility of the Government vis-a-vis Parliament in Iranian and French Law. Iranian Yearbook of International and Comparative Law, No. 2, pp. 76-95.
21. Mirmohammadi Meibodi, Seyed Mostafa & Jamali, Hoorieh (1401 SH). The Obligations and Effects of Impeachment and Removal of the President in the Fundamental Law of the Islamic Republic of Iran. Public Law Knowledge, 15 (53), pp. 51-72.
22. Moden, Jalal al-Din (1377 SH). Fundamental Rights and Institutions of the Islamic Republic. Tehran: Paydari.
23. Molaii Tavani, Alireza (1381 SH). The National Consultative Assembly and the Consolidation of Reza Shah's Dictatorship. Tehran: Center for the Islamic Revolution Documents.
24. Moradi, Sajjad (1395 SH). Parliamentary Oversight; A Comparative Study of the Oversight Performance of the Eighth and Ninth Terms of the Islamic Consultative Assembly, Case Study: Warning, Questioning, Interrogation, and Investigation and Inspection. Office of Political-Legal Studies, Political-Legal Research Center, Tehran: Parliament Research Center.
25. Najafi Esfahad, Morteza & Mohseni, Farid (1379 SH). Fundamental Rights of the Islamic Republic of Iran. Tehran: Elham.
26. Ohnesorge, John K.M (2019). Comparing Impeachment Regimes, University of Wisconsin, Legal Studies Research Paper 15(1468), pp. 259-299.
27. Qasemzadeh, Qasem (1328 SH). Speech on the Constitution. No. 2, Ministry of Foreign Affairs.
28. Qazi Shariat-Panahi, Abolfazl (1377 SH). Fundamental Rights and Political Institutions. Tehran: Mizan.
29. Rasekh, Mohammad (1390 SH). Oversight and Balance in Fundamental Rights. 2nd Edition, Tehran: Drak.
30. Rostami, Vali & Fazeli, Azizollah (1390 SH). Legislation, Custom, and Expediency in the Thought of Constitutional Scholars. Islamic Law Research Journal, No. 1, Issue 33, pp. 27-64.
31. Shojai, Zahra (1375 SH). The Role of Representatives in Constitutional Legislative Assemblies (Volume 1). Tehran: Sokhan.
32. Tabatabaei Mohtamami, Manouchehr (1385 SH). Fundamental Rights. Tehran: Mizan.
33. Tahannazif, Hadi & Ehsani, Reza (1396 SH). A New Reading of Analytical Views on the Concept of Law in the Constitutional Era. Islamic Law Research Journal, No. 1, Issue 45, pp. 57-80.
34. Yamamoto, Hironori (2007). A comparative study of 88 national parliaments, Switzerland: InterParliamentary Union.
35. Zamani, Samia & Toupchian, Mohammad (1392 SH). Parliament's Oversight over the Executive Branch (2); Case Study: England, America, France, Italy, Germany, and the Islamic Republic of Iran. Tehran: Office of Political Studies, Research Center of the Parliament.
36. Zarei, Mohammad Hossein (1384 SH a). The Oversight Position of the Parliament and the Governing Principles. Parliament and Strategy, 48, pp. 275-286.
37. Zarei, Mohammad Hossein (1384 SH b). Comparative Study of Legislative Assemblies. Tehran: Research Center of the Islamic Consultative Assembly.

Files

History

  • Receive Date: 24 June 2023
  • Accept Date: 22 August 2023

Share

How to cite

Statistics