نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار حقوق عمومی، دانشگاه آزاد اسلامی واحد تهران جنوب
2 دانشجوی دکتری حقوق عمومی، دانشگاه علامه طباطبایی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
According to Article 141 of the Constitution, holding educational positions in universities and research institutions while holding government positions is one of the exceptions to the prohibition of holding more than one government job. However, the limits and scope of the prohibition of Article 141 and the permission raised under it have always been ambiguous. This article is specifically looking for an answer to the question of what is the ruling on simultaneously holding public jobs and being a member of the faculty of universities. For this purpose, with a descriptive-analytical view, the text of the Constitution and other legal sources of the country have been examined and finally it has been decided that this matter is permissible. The normal routine of the country's administrative system, as well as a number of regulations and the unanimous decision of the Administrative Court of Justice in 1402, all agree on the impossibility of combining these two jobs. However, the arguments and legal findings of this article show that teaching faculty members, regardless of the nature of the university where they serve and regardless of whether their employment is full-time or part-time, have the possibility to simultaneously hold another organizational position in institutions. hold public and government office. For this purpose, the administrative regulations must be formulated in such a way as to provide the conditions for the fulfillment of this basic legislative provision, and any regulation that specifies this is clearly against the constitution.
کلیدواژهها [English]
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