انتخاب ناپذيري در حقوق انتخابات مجلس شوراي اسلامي و شوراهاي اسلامي محلي با نگاهي به حقوق فرانسه

Ineligibility in the Electoral Law of the Islamic Consultative Assembly and Local Islamic Councils with a look to French Law

Ineligibility is the deprivation from the right to be elected. The cases of ineligibility in the political elections have been mentioned in the electoral laws of the Islamic Consultative Assembly and Islamic Local Councils. Among them, some fall into absolute ineligibility cases and others into relative ineligibility cases. Ineligibility is absolute where an individual for the personal reasons like moral and social disqualification, can not at any circumstances be introduced as a candidate in the electorates. Ineligibility is relative where an individual for the occupational reasons can not be introduced as a candidate in all or in some of the electorates, unless he/she resigns from his/her occupation before the elections. The cases of absolute ineligibility in Iran are mainly ambiguous and permanent. The cases of relative ineligibility in national and local elections are more extensive and it seems that there has not been sufficient accuracy in their regulation. The legislator could consider many of the relative ineligibility cases in case of prohibition of multi-occupation in order to prevent the chances of candidates from being limited.