Document Type : Article

Author

Ph.D. of Public Law, College of Farabi, University of Tehran, Qom, Iran.‎

Abstract

Investiture votes in parliamentary and semi-presidential systems occur at the beginning of government formation, either ex ante or ex post, and take three forms: an investiture vote in the entire cabinet, the government program, or the prime minister. In the constitutional law of the Constitutional Revolution, this vote pertained to the government program along with the composition of the cabinet. In the constitution of the Islamic Republic of Iran, ratified in 1979, despite the explicit text regarding the vote of confidence for the cabinet, subsequent governments, except for the first cabinet, came to power based on individual votes of confidence for ministers. After the constitutional revision in 1989, the practice of individual votes of confidence for ministers continued, effectively sidelining collective votes of confidence. It seems that two elements of the concept of fundamental obsolescence—“lack of continuous and conscious use” and “loss of credibility among political actors”—have been realized concerning the first part of Article 87 of the Constitution. The question this research seeks to address is the comparison of the vote of confidence in the constitutional law of the Islamic Republic of Iran with other political systems, aiming to uncover the differences between the form of the vote of confidence in the constitutional law of the Islamic Republic of Iran and this legal institution in other political systems.

Keywords

Main Subjects

  1. English

    1. A) Books
    2. Bulmer, E., (2017). Government Formation and Removal Mechanism. (International Institute for Democracy and Electoral Assistance ,International IDEA
    3. Laver, Michael and Norman Schofield, (1998). Multiparty Government: The Politics of Coalition in Europe, Michigan: University of Michigan Press.
    4. Strøm, K. (1990). Minority Government and Majority Rule. Cambridge: Cambridge University Press.

     

    1. B) Articles
    2. Albert, R. (2014) (A). What Are to Do about Dysfunction? Constitutional Disuse or Desuetude: the Case of Article V. Boston University Law Review, (94).
    3. Albert, R. (2014) (B). Constitutional Amendment by Constitutional Desuetude. American Journal of Comparative Law, (62).
    4. Andeweg, R., & Nijzink, L. (1995). Beyond, the Two-Body Image: Relations between Ministers and Mps. in Parliament and Majority Rule in Western Europe, Doring, Herbert (ed), Mannheim Center for European social Research.
    5. Bergman, T. (2003). Sweden: From Separation of Powers to Parliamentary Supremacy- and Back Again?. in Delegation and Accountability in Parliamentary Democracies, Kaare Strøm, Wolfgang C. Müller, and Torbjörn Bergman (eds;), Oxford University Press.
    6. Bjørn Erik, R. (1995). Parliamentary Voting Procedures. in Parliament and Majority Rule in Western Europe. Doring, Herbert (ed), Mannheim Center for European social Research.
    7. Bjørn Erik, R., Shane, M., & José Antonio, C. (2015). Investiture Rules and Government Formation. in Parliaments and Government Formation, Unpacking Investiture Rules, Oxford University Press.
    8. Bjørn Erik, R., Shane, M., & José Antonio, C. (2015). Investiture Rules Unpacked. in Parliaments and government formation, Unpacking Investiture Rules, Oxford University Press.
    9. Golder, M., Golder, Sona Nadenichek, Siegel, David Alan, (2012). Modeling the Institutional Foundation of Parliamentary Government Formation. The Journal of Politics, (74).
    10. Schleiter, P. (2020). Government Formation and Termination. in the Oxford Handbook of Political Executive, Andeweg, Rudy B., Elgie, Robert, Helms, Ludger, Kaarbo, Juliet, Muller-Rommel, Ferdinand (eds;), Oxford University Press.
    11. Tsebelis, G. (1995). Parliamentary Government and Legislative Organisation. in Parliament and Majority Rule in Western Europe, Doring, Herbert (ed), Mannheim Center for European social Research.

     

    References In Persian:

    1. A) Books
    2. Detailed Book of the Deliberation of the Final Constitutional Assembl (1985). General Directorate of Cultural Affairs and Public Relations of the Islamic Consultative Assembly, Vol. 2 (In Persian).
    3. Detailed Book of the Deliberation of the Assembly of Constitutional Amendment of the Islamic Republic of Iran (1990). Tehran: General Department of Law and Regulations, Public Law of Consultative Assembly of Iran (In Persian).
    4. Hashemi, S. M. (2010). Constitutional Law of Islamic Republic of Iran, Sovereignty and Political Institution. 2 ,Tehran: Mizan Publication (In Persian).
    5. Marvar, M. (1989). National Consultative Assembly (Twenty-first to Twenty-fourth Sessions), Tehran: Islamic Revolution Documents Center, first edition (In Persian).

     

    1. B) Articles
    2. Habibzade, T., & Mansourian, M. (2016). An Analysis of Changing the Constitution outside the Formal Constitutional Amendment Procedure. Public law Knowledge, (13), 89-107 (In Persian).
    3. Khairizadeh, M. (2019). The Appointment of the Prime Minister in the Constitutional Monarchy of Iran and the Role of the National Consultative Assembly. in the collection of articles of the First National Conference on the Unwritten Principles of the Constitution, Qom: Dar-e-Elam Publications, 147-173 (In Persian).
    4. Mirzaei, E. (2011). Abandoned Act: Fundamentals, Concepts & Examples. The Joudiciary law Journal, (74), 69-102 (In Persian).
    5. Saeid, S. Z. (1403). Analysis of Prime Ministerial Issues in the 1358 Constitution from the Perspective of Constitutional Convention. in the collection of articles of the Second National Conference on Unwritten Principles of the Constitution, Tehran, Enteshar Company (In Persian).
    6. Soltani, S. N. (2009). An Introduction to Non-Historical Approach to Constitutional Law in Iran. Journal of Legal Research, (13), 129-149 (In Persian).
    7. Taghizadeh, J., & Taghizadeh Chari, S., “The Parliamentary or Presidential Nature of the Vote of Confidence to the Council of Ministers in the Constitution of the Islamic Republic of Iran. State Studies, (29) (2022). (In Persian).
    8. Taghizadeh, J., Administrating of the Presidency's Interim in Iranian Law with a Look to French Law. Nameh Mofid Magazine, (67) (2008) (In Persian).

     

    1. C) Documents
    2. Official Gazette, Negotiations of the Open Session of the Islamic Consultative Assembly, First Term, Forty-Eighth Session, No. 11375 (In Persian).
    3. Official Gazette, Proceedings of the Open Session of the Islamic Consultative Assembly, First Term, One Hundred and Ninety-Ninth Session, No. 10869 (In Persian).
    4. Official Gazette, Proceedings of the Open Session of the Islamic Consultative Assembly, First Term, Session 233, No. 10701 (In Persian).