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Feasibility of Dual Office-Holding Restrictions of Lawyer Faculty Member with a Managerial Position from the Perspective of Jurisprudence
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Jafar ShafieeSardasth *   , Zahra Daneshnari |
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Abstract: (750 Views) |
The main topic of this article revolves around the answer to this basic question, whether the holding of a management position by a member of the faculty member who is a lawyer is contrary to Principle 141 of the Constitution and the Dual Office-Holding Restrictions Act. The reason for this is the recent practice of of controlling bodies, especially the General Inspection Organization (GIO), which, despite precedents in this regard and the lack of inference of prohibition, considered such cases to be against the aforesaid laws and refers the case to judicial authorities. In this paper, while presenting arguments regarding the legality of a managerial position being held by a lawyer faculty member, especially emphasizing its temporary and non-full-time nature, and the fact that a managerial position, is including the requirements of the educational position of a faculty member and in accordance with the rational rule, therefore, quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud, and on the other hand, with regard to the precedent governing the judicial authorities that has not recognized the combination between being a of the academic member of the university, being a lawyer, and holding a managerial position, against the law; We come to the conclusion that the recent conclusion of the GIO in this regard is not in accordance with the legal standards and there is no objection to this matter.
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| Keywords: Academic Member, Managerial Position, Advocacy, Dual Office-Holding Restrictions, Principle 141 of the Constitution. |
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Type of Study: Research |
Subject:
Special
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