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karami S. Jurisprudential examination of cover candidacy in elections (case study: Iran). پژوهشهاي سياسي جهان اسلام 2022; 12 (1) :1-20
URL: http://priw.ir/article-1-1605-en.html
Assistant Professor of Law, Payame Noor University, Tehran, Iran , karami.t54@pnu.ac.ir
Abstract:   (1667 Views)

According to the Constitution of the Islamic Republic of Iran, the government and the right of guardianship belong to God, who has pledged it through the people for their happiness. Relying on public opinion and governing the country based on the people's vote is explicitly stated in the constitution. Candidacy in elections is considered as a social commitment and contract. This commitment and contract must follow both the general rules of contracts and social contracts. Therefore, if the person is not serious in expressing his will and his presence is formal and preceded by collusion with the main candidate participating in the election, the structure of the contract is distorted. The formation of an obligation and agreement must be based on an explicit and clear will and be far from ambiguity, otherwise the issue of qualification and use of public resources will be negligible and the contract will not have legal effects.
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Type of Study: Research | Subject: Special
Received: 2021/11/1 | Accepted: 2022/02/18 | Published: 2022/04/3

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