Document Type : Research Paper
Authors
1 Associate Professor, Department of Law, Mazandaran University, Babolsar, Iran
2 PhD student, Department of Public Law Department,Collage of Farabi, University of Tehran, Qom, Iran
Abstract
Article 87 of the 1358 Constitution made the prime minister responsible for forming the Council of Ministers and obtaining a vote of confidence from parliament. After the approval of Article 1 of “the law on adding articles to the code of procedure of the parliament about requesting the vote of confidence and the manner of holding it” in 1363/ 5/9, the prime minister was obliged to request a vote of confidence from the parliament both at the beginning of each term of the parliament and in the conditions stipulated in Article 87, after the formation and introduction of the Council of Ministers. In addition, the Council of Ministers was formed based on political will of parliamentary majority. This indicates that the vote of confidence to the ministers follows the parliamentary logic of the political system. After 1368 revision of the Constitution, president made responsible to obtain a vote of confidence for the Council of Ministers after being formed. By stating that “with the change of the parliament new vote of confidence will not be necessary” in Article 133 and removing the post of prime minister, the political system approaches the presidential system. The practical procedure of vote of confidence, after the revision of the Constitution, also confirms the adherence to the logic of the presidential system.
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