The Constitution of the Islamic Republic of Iran: the field of conflicts and conflicts
Subject Areas : public lawQasem Qasemi bivarzani 1 , Fariborz Letafati 2 , Roqaye Bahonar 3
1 - Assistant Professor of Theology and Islamic Studies, Department of Theology and Islamic Studies, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.
2 - PhD student of jurisprudence and Islamic Law, Department of jurisprudence and Islamic Law, Faculty of Humanities, Semnan Branch, Islamic Azad University, Semnan, Iran.
3 - Master student of Persian language and literature, Department of Persian language and literature, Faculty of Humanities, Ardabil Branch, Islamic Azad University, Ardabil, Iran.
Keywords: Conflicts, conflicts, constitution, legal principles,
Abstract :
There are severe conflicts and conflicts in the various principles of the Islamic Republic of Iran's Constitution. These matters are also seen in the principles related to the judiciary. Principles 36 and 167 of the Constitution are among these. And conflicts and conflicts have spread from the text of the constitution to other laws. For example, the ambiguity in Article 167 of the Constitution has spread to Article 220 of the Islamic Penal Code approved in 2012. And this law, which, as a normal law, should contribute to the transparency and elaboration of the principles of the Constitution. It has suffered from abbreviations and generalizations, the result of which will be the abandonment and ineffectiveness of Article 167 of the Constitution in practice.
1. Sadeghian, P. (2002), Article 167 of the Constitution. [In Persian]
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3. Khosravi, H. (1969) Fundamental Rights 2, Payam Noor University, Tehran. [In Persian]
4. Jabari, M. (1966), Fatwa or Law?, A Look at Article 167 of the Constitution, Faculty of Law and Political Science Law Quarterly, Volume 38, Number 3, Fall. [In Persian]
5. Ahmadzadeh, R and Gholamhossein E. (2017). Drafting and expansion of Article 167 of the Constitution, in the criminal domain, Majles and Strategy Magazine, Volume 25, Number 97. [In Persian]
6. Ahmadzadeh, R and Gholamhossein, E. (2017) Drafting and expansion of Article 167 of the Constitution, in the criminal domain, Majles and Strategy Magazine, Volume 25, Number 97. [In Persian]
