نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Freedom of political parties to operate is a fundamental component of democratic systems and a prerequisite for citizens’ political participation in public decision-making processes. Safeguarding this freedom requires effective legal mechanisms and the establishment of independent and efficient oversight institutions. Adopting a comparative approach, this study examines the legal and institutional frameworks for protecting the freedom of political parties in the legal systems of Iran and Iraq, seeking to identify the similarities and differences between the two systems in guaranteeing and implementing this freedom. The findings indicate that, in Iran, despite the recognition of freedom of association in Article 26 of the Constitution, legal restrictions, ideological considerations, and security requirements affect the practical exercise of this freedom. In Iraq, by contrast, the 2005 Constitution and the 2015 Political Parties Law have developed the legal framework governing party activities and their oversight. Nevertheless, challenges such as the predominance of ethnic and sectarian considerations, administrative corruption, and the influence of political groups on institutional mechanisms continue to affect the effective realization of party freedom. A comparative analysis of the two systems reveals that the protection of political party freedom in Iran is more significantly constrained by legal and ideological restrictions, whereas in Iraq, despite the existence of relatively developed legal and institutional frameworks, political and administrative obstacles continue to challenge the full realization of this freedom. Accordingly, this study emphasizes the need to revise restrictive regulations, strengthen the independence and effectiveness of oversight institutions, ensure the impartial enforcement of laws, and promote political culture and tolerance as measures to enhance the freedom of political parties to operate in both legal systems.
کلیدواژهها English