The Concept and Types of Resignation, and the Stance of Iraqi, Egyptian, and Iranian Legislation

Abstract

Resignation holds immense significance as both a constitutional and legal right governing the termination of the employment relationship and a mechanism for balancing administrative discretion with the stability of public services. The research problem stems from the absence of a unified, definitive legislative standard defining resignation and its explicit and implicit forms, alongside conceptual and legal confusion distinguishing it from similar terms such as dismissal, withdrawal, retirement, and relief from office. This complexity is compounded when comparing different constitutional systems—specifically the divergent approaches of the Iraqi, Egyptian, and Iranian constitutions regarding the resignation of political officeholders and high-ranking officials. To address this issue, the researcher will deconstruct relevant legislative texts and comparative legal scholarship, conducting a foundational analysis of legal concepts to resolve ambiguities. The research plan employs a comparative analytical methodology structured around three axes: the first establishes the conceptual basis and distinctions of resignation; the second examines its procedural forms; and the third analyzes constitutional applications in Iraq, Egypt, and Iran. The proposed solution involves formulating a unified constitutional framework to regulate the conditions and legal consequences of resignation in the countries under study, thereby preventing institutional vacuums. The research yields several key findings: resignation is a voluntary act contingent upon administrative acceptance to ensure the continuous and orderly functioning of public services; Iraqi and Egyptian constitutional frameworks mandate clear parliamentary mechanisms for accepting the resignation of executive branch officials; and the Iranian constitution is unique in conditioning the resignation of high-ranking officials on the approval of the *Velayat-e Faqih* (Supreme Leader) or supervisory councils. The researcher highlights the practical importance of the topic, noting that it offers... A legal guide for decision-makers and administrative courts that helps bridge legislative gaps, protects public employees from arbitrary action, and prevents paralysis within state political and administrative institutions when positions become vacant.