چکیده:
Of the few rules set forth in the Constitution is the dual office holding rule which its subject coverage and also its exceptions are explicitly delineated. The importance of this rule in the Constitution of Iran makes us examine the compliance of those exceptions by the legislator. Thus، this article seeks to explain the manner in which the legislator has confronted with the exceptions of the aforesaid rule. The limitation of the exceptions of the above-mentioned rule in the final section of Article 141 along with the stance of the Constitution in the legal order brings up the idea that this subject is legislated in compliance with the Constitution. The results of this study with a descriptive-analytic method indicate that due to the new aspects of this issue in the statutes، not only the legislator and the Constitutional review institution are to revise their precedent regarding this rule، but also it’s necessary for proper implementing of the final section of Article 41 to regulate the acceptance of the new employments from individuals with teaching positions as well as the acceptance of teaching positions from the other governmental officers.
خلاصه ماشینی:
Given the provisions of Article 141 of the Constitution, which explicitly and exclusively limits the exceptions to the aforementioned rule to educational positions in universities and research institutions, the status and dignity of the Constitution and the limits prescribed therein on one hand, and the constitutional judicial supervision over parliamentary resolutions on the other, first suggest that this matter has also been regulated and articulated in ordinary laws in accordance with the Constitution.
Accordingly, although under Article 141 of the Constitution, educational positions in universities and research institutions are absolutely excepted from the scope of the rule "prohibition of holding more than one job," this does not mean that this matter should be without any mechanism or regulation.
In any case, an examination of the provisions of Article 141 of the Constitution shows that only educational positions in universities and research institutions are excepted from the scope of the rule prohibiting the combination of government jobs.
The performance of the ordinary legislator in explaining the exceptions to the rule of "prohibition of holding more than one government job" As mentioned in the previous clause, under Article 141 of the Constitution, only educational positions in universities and research institutions have been excepted from the scope of the provision stated in Article 141.
(
, 
, 
)
