The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Legislative Flaws on Activities of political parties in the Iranian electoral system

Document Type : Original Article

Authors
mohamd taghi akbari 1
Seyed Mohammad Hashemi 2
bizhan abbasi 3
1 PhD Student in Public Law, Faculty of Law, Theology and Political Science, Azad University, Research Sciences Branch, Tehran, Iran
2 Professor of Constitutional Law and Faculty Member of South Tehran Branch of Azad University, Tehran: Iran
3 Associate Professor of Public Law, Faculty Member of Faculty of Law and Political Science, University of Tehran, Iran
10.22034/mral.2022.546065.1255
Abstract
Today, the role of parties in holding an efficient and healthy election is undeniable, and political parties are active in almost all legal systems and in almost all elections. Elections are not efficient without the presence of political parties because both the number of candidates increases unreasonably and criteria such as candidates' personalities, kinship and ethnicity, and replace the core program. Undoubtedly, one of the obstacles to the formation of a party-based election in Iran is the legislative shortcomings in this area that exist in the laws. In this research, this issue is addressed through descriptive and analytical methods. The results of the research show that the laws related to the activities of political parties are in a way that prevents the formation of an efficient party system in Iran and without amending the existing laws; it is not possible to activate political parties in elections. The elimination of the licensing system for party activities, the precise determination of restrictions and bans on party activities, the amendment of electoral laws with a focus on political parties, as well as the adoption of laws to activate political parties in Iranian elections are the most important suggestions of this study.
Keywords
parties
pathology
legislative system
electoral system
party laws
Subjects
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The Journal of Modern Research on Administrative Law
Volume 5, Issue 16 - Serial Number 16
Fifth year, 16th issue, ّ Fall 2023
Summer 2023
Pages 13-38

  • Receive Date 11 January 2022
  • Revise Date 16 August 2023
  • Accept Date 03 February 2022