پژوهشنامه حقوق اسلامی (Aug 2023)
Parliamentary Political Supervision of Ministers in the Mashrooteh (Constitutional) Era and the Islamic Republic Regime
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.
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