Research Title: مافی خۆپاڵاوتن لە دەستوری ئێران بەپێ ی بنەماکانی یاسایی نێودەوڵەتی گشتی

Authors: 1-Dr. Shary Khalid Maruf 2-Dr. Yasin Mayser Aziz 3-Dr. Asaad Anwar Arif

Abstract: The thinking process of the writers of the constitution of the Islamic Republic of Iran originates from the philosophical thinking of Plato but with a religious doctrine consideration. In this constitution, a sectarian aristocracy practices an absolute power in the twenty first century in the place of Greek aristocracy. From this point of view we observe some items in the constitution of the Islamic republic of Iran and the Iranian law of election that creates obstacles for nomination in front of the different groups of the Iranian population especially in the time of equal chances of nomination created by the international laws. From another point of view, the subject of the election of the Iranian president is new created by the religious leaders of the Shia sect in Iran after the Islamic revolution meanwhile the Shia school of thought is silent on this subject. The researcher thinks that the ethnic, religious, and political conflicts in the Iranian constitution do not have clear legal bases. As an example of these conflicts which is aligned with the Iranian constitution but is not practiced in reality and the Iranian religious leaders do not have an answer for is the issue of the gender of the nominee for president of the Iranian republic. If the supreme leadership is supposed to be only for men which is the ultimate power then women should be allowed to run for the post of the president because presidency is achieved by election. As a result of this research and after we compared the Iranian election laws with the international laws and the principles of electing presidents, we can say that there is a discrimination against the Iranian citizens in terms of their rights for free and fair elections.

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doi:10.23918/ilic2018.03
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Journal of Law and political science

ISSN: 2079-3901

16th year , No.(23), 10 May 2018

Vol.(1): Special Issue