Jurisprudential and Legal Analysis of the Foundations, Nature and Validity of Signing the Decree Formalizing the Election of the President with Emphasis on the Law-making Approach in the Constitution

Article 110 of the Iran’s Constitution, which is concerned with the functions and authorities of the leader, speaks of the decree formalizing the election of the President of the Islamic Republic by the people when being signed by the Leadership. The concept of ‘sign’ is referred to in legal terms as ‘ratification’. Though this term has not been used in the Constitution, the first article under the law of presidential election ratified on Tir 5, 1364 states that the President is elected for a four-year term by the direct vote of the people and starts to work when his authority is ratified by the Leadership. Therefore, the question of the article is that ‘What are the bases, nature and validity of the ratification of presidential election by the Leader with emphasis on the legislator’s approach to the Constitution?’ Through the study of the above question, and the use of descriptive-analytic method with emphasis on the jurisprudential bases and legal speculations as well as having recourse to the Islamic parliament’s negotiations over the final study of the Constitution, it is concluded that despite the fact that some consider ‘signing the decree formalizing the election of the President of the Republic by the people’ as an instance of formality, taking into account the implications of the bases of ShiÝi political thought in such a realm as the legitimacy of governmental positions, the right opinion signifies ‘the decree formalizing the election of the President of the Republic’
to be one of ratification and formality so that the position of presidency, not being ratified by the Muslim jurisconsult (faqih), lacks the legal legitimacy and the elected person, as he or she is not legally entitled to take the position of presidency on the basis of shaiÝah criteria, is not, in fact, president. Furthermore, the decree formalizing the position of the President is dependent on certain conditions which, if they are not met in the long run, brings about a condition in which the position of presidency becomes legitimate.