Journal of Legal Research

Journal of Legal Research

A comparative study of the conditions of candidacy in the election law of the National Council (1925) and the Islamic Council (2023)

Document Type : Original Article

Authors
1 Associate Professor, Department of Political Science, Faculty of Humanities, Tarbiat Modares University, Tehran, Iran.
2 PhD student in Political Science, Faculty of Humanities, Tarbiat Modares University, Tehran, Iran.
Abstract
Candidate conditions in elections are one of the most key components in electoral systems. This article is prepared by relying on the comparative study method and has tried to compare the conditions of candidacy in the election law of 1925 and the election law of 2023. This research shows that these two laws are similar in terms of the quality-subjectivity of some conditions, the determination of certain religious and belief conditions, etc. These two laws are different in terms of being narrow or broad in relation to Muslimness, giving importance or not to the reproduction of the political system, etc. The conditions contained in the 1925 election law have advantages in terms of objectivity, being open to various political trends, etc. and in terms of the qualitative-subjectiveness of some of its clauses, they have shortcoming. The conditions contained in the 2023 election law have advantages in terms of the precise definition of the circle of those deprived of the right to be elected, attention to the criteria of knowledge and work experience, etc. and the determination of strict conditions for the reproduction of the established political system, they have shortcomings. The conclusion shows that the conditions of candidacy in the constitutional election law were considered progressive conditions compared to their era, and in general, they were superior to the current law in terms of limited qualitative-subjective conditions.
Keywords


Articles in Press, Accepted Manuscript
Available Online from 24 December 2024