Islamic Law

Islamic Law

The effect of general election policies on the management of conflicts of interest in the establishment of laws related to the elections of the Islamic Council

Document Type : Original Article

Authors
1 PhD student in Public Law, Shahid Beheshti University, Tehran, Iran.
2 Assistant Professor. Departement of Public Law. Faculty of Law. Tarbiat Modares University, Tehran, Iran.
3 PhD student in Public Law, Allameh Tabatabaei University, Tehran, Iran.
Abstract
One of the challenges of establishing laws related to the elections of the Islamic Council is the conflict of interest situation that arises as a result of the unity of the legislator and subject to the law; Because the number of representatives of each parliamentary term participates in the elections of the next term. Here, the management of the conflict of interest by an institution superior to the parliament is very important so that the representatives cannot prefer their own interest over the public interest. In this research, in a descriptive-analytical way, the changes in the laws related to the elections of the Islamic Council after the announcement of the general policies of the elections were investigated from the point of view of conflict of interest management. The findings of the present research show that the legislator has necessarily corrected several cases of defects and flaws in the laws of the parliament elections in order to realize the provisions of the general election policies. Among the mentioned reforms, it is possible to mention the use of public facilities by all candidates for advertising and transparency of resources and expenses of candidates. Before the amendment, these cases, while jeopardizing the health and quality of elections or the rights of other candidates, led to the benefit of candidate representatives.
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