The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Critique of the 14th Presidential Elections in the 131s principle of the Constitution

Document Type : Original Article

Authors
1 Faculty of Tabriz University
2 Ph.D. in criminal law, visiting professor at University
10.22034/mral.2025.2045399.1694
Abstract
The Constitution of the Islamic Republic of Iran emphasizes holding elections as the most important method of appealing to the people's vote. The central feature of the republican system and the administration of the country's affairs based on public votes requires that elections be held at their legal time, even in unusual circumstances, and that the person or persons elected assume their legal duties and powers at the earliest possible opportunity so that the administration of the country's affairs is not delayed or suspended. This issue has been taken into account in the case of presidential elections in 131 principle of the Constitution, and it has been stipulated that a three-member council consisting of the Speaker of the Parliament, the Head of the Judiciary, and the First Vice President shall arrange for a new president to be elected within a maximum of fifty days. Without trying to fully explain the aforementioned principle, this article aims to examine early presidential elections based on the content of the aforementioned principle, the spirit governing the constitution, and legal principles, from the perspective of the legal possibility or refusal of nominating members of the three-member council and observing the specified time period, in a legal/case-based manner. The following questions arise: ifty days? It seems that nominating members of the council and delaying the signing of the decree and the new president taking office after the end of fifty days is not justifiable in light of the aforementioned principle.
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Volume 8, Issue 26
8th year, 26th issue, ّSpring 2026
Winter 2026
Pages 39-63

  • Receive Date 30 December 2024
  • Revise Date 03 July 2025
  • Accept Date 07 September 2025