Presidential Bail in Constitutions of States and Islamic Republic of Iran’s Constitution

The acting presidency is a sensitive issue in the field of constitutional law. Due to the numerous impacts that it can have on the future and political stability of countries, it has received attention in constitutions. Given the importance of this issue and the fact that the political system of the Islamic Republic of Iran has recently faced this issue, the present study aims to examine and analyze the legal aspects of this issue through a comparative study of the constitutions of different countries with the legal system of the Islamic Republic of Iran. Initially, using a descriptive-analytical method, the grounds for the realization of the acting presidency, whether coercive or voluntary, as well as the conditions that temporarily or permanently provide the ground for someone other than the elected president to take over as acting president were examined. Additionally, the approach of the Islamic Republic of Iran's legal system to these issues were examined. Then, the positions of the constitutions of different countries regarding the acting presidency and the position of the Constitution of the Islamic Republic of Iran (according to Article 131) on this issue were examined. Ultimately, the impacts of the acting presidency period in different countries and Iran were discussed. It is worth mentioning that, considering the foundation of the Islamic Republic of Iran's system on the doctrine of Velayat-e Faqih, apparent differences can be observed in some of the aforementioned aspects regarding the acting presidency compared to other republican systems.