Government transition; A comparative study in the legal system of Iran and America

Document Type : Academicm and Research

Authors

1 Department of Public and International Law, Qom Branch, Islamic Azad University, Qom, Iran

2 Department of Public Law, Faculty of Law, University of Qom, Qom, Iran.

3 Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

10.22091/csiw.2023.9413.2422

Abstract

Government transfer is an important process in any democratic system, during which part of the country's political power, which is in the hands of the executive branch, is transferred from the government whose legal term is about to expire to the newly elected government. This process has differences in different legal systems that lead to different effects and consequences. During the transition of the government in Iran, usually due to the election of the country, the lack of motivation of managers due to approaching the end of management, the lack of correct and timely service delivery by employees due to uncertainty and weak supervision, etc.the principle of continuity of public services has been disrupted.which leads to public dissatisfaction and uncertainty. The present research, with descriptive-analytical method and applying the legal system governing the transfer of government in the two countries of Iran and the United States, seeks to answer the question of what solution and process the American legal system foresees for the optimal transfer of government and whether it can be used to improve And reducing the problems of this process in Iran's legal system?Investigations show the existence of a law specific to the transfer of government in America and the need to create a comprehensive and comprehensive law with a strict view of public rights, in order to systematize this process from the time of its actual beginning, i.e. the informal announcement of a candidate for the presidential election to the appointment of various government managers in Iran.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 25 September 2023

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