دانشکده حقوق و علوم سیاسی دانشگاه تهران
نوع مقاله : علمی-پژوهشی
نویسنده
استادیار، گروه حقوق عمومی، دانشکدگان فارابی دانشگاه تهران، قم، ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
The petition to demand a vote of confidence in the council of ministers on important and disputable problems and the request to receive a vote of confidence in case of a cabinet reshuffle during the tenure of the government, are mentioned in the second section of Articles 87 and 136 of the [Iranian] Constitution. Both aforementioned instances are relevant only when the office of the prime minister exists as a guarantee for united government in the political system. After the abolishment of the office of the prime minister in the constitutional amendments enacted in 1368 (1989 CE), the oversight of Islamic Consultative Assembly over the council of ministers by vote of confidence has become meaningless. Although it has not led to practical challenges, theoretically it creates disorder and incongruity in the text of the constitution. The concept of “constitutional desuetude” explains the situation very well. Two elements of constitutional desuetude, i.e., “sustained and conscious disuse” as well as the concept of “being inoperative and invalid” by political actors, will be evaluated in the analysis of the issue of the vote of confidence in the council of ministers in both aforementioned Articles.
کلیدواژهها English
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