Document Type : Academicm and Research
Authors
1 Public Law, Shahid Beheshti University
2 Shahid Beheshti UNIVERSITY VELANJAK,
Abstract
The current constitutive elements of public law have evolved in the modern era. Among other things, people are considered as the true sovereign under the modern public law system, they have rights and the government is the representative of people, and the state has a duty to guarantee the fundamental rights of the citizens. However, a version of traditionalism has recently emerged which opposes the main elements and foundations of the new public law such as the rule of law, checks and balances, the egalitarian basis and the sepration of powers by putting forth the idea of the holy city. The city has a heirarchical structure whose members do not have equal rights. Some privileges have been allocated to people based on their level in the heirarchy. The highest position in the said hierarchy is Priesthood, followed by Keshartriya, who hold spiritual and temporal powers. It is supposed that the Priesthood is appointed by the Holy Spirit. Keshatriya holds a temporal power and must follow the Priesthood. The holy city is bound to lead to an absolute monarchy.
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