Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 11 4 2024 12 21 The Holy City The Encounter of New Traditionalism with Foundations of the Modern Public Law The Holy City The Encounter of New Traditionalism with Foundations of the Modern Public Law 1 20 2867 10.22091/csiw.2024.10413.2504 FA Mohammad Rasekh Professor of Law and Philosophy, Department of Public Law and Economic Law, Law Faculty of Shahid Beheshti University , Tehran, Iran. Faezeh Karami Kateki PhD Student in Public law, Department of Public Law and Economic Law, Law Faculty of Shahid Beheshti University, Tehran, Iran. Journal Article 2024 02 17 The current constitutive elements of public law have evolved in the modern era. Among other things, people are regarded as the true sovereign in the modern public law system, they possess rights, and the government is the representative of the people, with the state bearing the duty to guarantee the fundamental rights of its citizens. However, a version of traditionalism has recently emerged that opposes the core elements and foundations of modern public law, such as the rule of law, checks and balances, the egalitarian basis, and the separation of powers, by proposing the idea of the Holy City. This city has a hierarchical structure in which members do not have equal rights. Certain privileges are granted to individuals based on their position in the hierarchy. The highest position in this hierarchy is the Priesthood, followed by the Kshatriya, who hold both spiritual and temporal powers. It is assumed that the Priesthood is appointed by a divine power. The Kshatriya holds temporal power and must submit to the Priesthood. The Holy City is bound to lead to an absolute monarchy. The current constitutive elements of public law have evolved in the modern era. Among other things, people are regarded as the true sovereign in the modern public law system, they possess rights, and the government is the representative of the people, with the state bearing the duty to guarantee the fundamental rights of its citizens. However, a version of traditionalism has recently emerged that opposes the core elements and foundations of modern public law, such as the rule of law, checks and balances, the egalitarian basis, and the separation of powers, by proposing the idea of the Holy City. This city has a hierarchical structure in which members do not have equal rights. Certain privileges are granted to individuals based on their position in the hierarchy. The highest position in this hierarchy is the Priesthood, followed by the Kshatriya, who hold both spiritual and temporal powers. It is assumed that the Priesthood is appointed by a divine power. The Kshatriya holds temporal power and must submit to the Priesthood. The Holy City is bound to lead to an absolute monarchy. https://csiw.qom.ac.ir/article_2867_3707e2761f15a13a33fc7e68107a186b.pdf