Requirements for the favorable transfer of the government in the legal system of the Islamic Republic of Iran ​

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Document Type : Original Article

Authors

1 Department of Public and International Law, Faculty of Humanities, Islamic Azad University, Qom, Iran

2 associate Professor of Public Law, Faculty of Law, Qom University

3 Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

Abstract

The current process of transferring the government in the country does not fit the goals of the constitution in order to guarantee the rights and freedoms of the people. This process has led to the creation of an important void in the country's governance system and consequences such as: inefficiency and weakening of government policies in the last year; reducing the quality of public services; Instability of government plans and decisions; reducing the motivation and obedience of the body of the administrative bodies to the high administrative authorities; Increasing public dissatisfaction with the performance of governments at the end of the term of office; And... has left. This article aims to solve the problems caused by the transfer of the government with the current method, with descriptive analytical method and with library tools in an effort to define and create a coherent and comprehensive process for the desired transfer of the government in Iran and seeks to answer the main question that the requirements What is the legality of making changes in the current process of transferring the government and moving towards a favorable process? It seems that by creating a legal platform and activating legal capacities, we can provide a solution that avoids many of the current damages and shortcomings of the transfer of the government, the practical continuity of the government and public services; and provide dynamics and efficiency of the administrative and political system. For this purpose, after delineating the desired process of government transfer, the most important requirements for the realization of this process and the necessary proposals in this field have been presented, among which we can mention the partial amendment of some basic principles of the constitution and the existing basic procedures related to the transfer of government and the strengthening of supervisory levers.

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