Foundations and Components of the Constitutional law of the Islamic Republic of Iran in Light of the Existing Lego-Political Structure and Procedures

Document Type : Academicm and Research

Author

عضو هیأت علمی گروه حقوق عمومی دانشگاه شیراز

Abstract

The legal system of the Islamic Republic, as the name and content suggest, is based on the duality of republic and Islam. The republic has modern tools and foundations, the most important of which are rationalism, humanism, secularism, libertarianism, egalitarianism and democracy. None of these principles necessarily appear to be fully and absolutely compatible, at least with the current conception in the West, with the Islamic principles of the current state. In addition, the quality of analysis and expectations of Islam is not immune to debate and theoretical pluralism, so that always in response to the possibility of merging Islamism and republicanism, another important question that immediately arises is which reading of Islamism with which model of Republic? Also, in addition to the mentioned difficulty, the distance between idea and action in the Islamic Republic should be considered, so that the emerging practical features in the legal system of the Islamic Republic of Iran indicate or result from the special historical course and the quality of the personal role of the founders. It is a complex and special image of the system. In the study, I intend to show that as a result of the special course that the constitutional rights of the Islamic Republic have gone through, a special and historical model of the combination of republic and Islam has emerged, which can be considered as a kind of Theo-aristo-democracy.

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