نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیارگروه علوم سیاسی دانشگاه باقرالعلوم علیه السلام
2 کارشناسی ارشد فقه و مبانی حقوق اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The 9th element of the principle 110 of the constitution in regard with the responsibilities and authorities of the leader discusses about the signing of Presidency decree following people’s election being interpreted as execution. This decree is not only reliant on passing diverse processes – registration and proving qualification and achieving the majority of votes- but also it is dependent on the signature of guardianship of the jurist according to the constitution.
Now the main question is in regard with the jurisprudential and legal concept of Presidency decree signature.Whether this is deemed to be a superficial and ceremonial signature or some thing executive and legitimate?Whether it is one of the responsibilities of leader who should sign it or it is one of his authorities to avoid signing it in case of qualification?
Declining the ceremonialism theory and mandatory signature through considering the backgroundof execution and relying on the political jurisprudence, constitution, and the details of khebregan’s negotiations of constitution as well as the sayings of jurisprudents and lawyers, the present research proves that it is an executive and discretionary signature.
کلیدواژهها [English]
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