قانون اساسی

Open Access Article

1 - Economic Theory, Constitutional Law, and Justice
abolfazl pasbani

Using an interdisciplinary approach and analytical method, the present article attempts to find the possibility of applying justice to the economic theory in the Constitutional Law. The main finding of the study is that although the Constitutional Law has acceptable pot More

Using an interdisciplinary approach and analytical method, the present article attempts to find the possibility of applying justice to the economic theory in the Constitutional Law. The main finding of the study is that although the Constitutional Law has acceptable potentials and offers good solutions, its capabilities have been exaggerated and, according to Amartya Sen, it manifests a kind of transcendental institutionalism. However, attention to unofficial institutions can be more fruitful. Manuscript profile

Open Access Article

2 - Governance in the Thought and Action Of "Mohammad Ali Foroughi"
saeede khalili

The inefficiency and backwardness in structure of the political system ruling Iran during the Qajar era led to poverty, illness, humiliation and defeat for the people. This means that the metaphysical model of governance has not been able to meet the needs and requirem More

The inefficiency and backwardness in structure of the political system ruling Iran during the Qajar era led to poverty, illness, humiliation and defeat for the people. This means that the metaphysical model of governance has not been able to meet the needs and requirements of that time. Therefore, the political elites sought to inspire Western civilization to change the paradigm of the ideas governing the political structure of the traditional Iranian system and to adopt a new way of organizing the political matters. Examining the thoughts of these elites indicates an important change in the field of Iranian thoughts, because it was the first time that we were heard concepts such as law, limited power, parliament, justice, and people's government. This approach proves that Iranian society and political structure are moving toward a modern type of government. Among the elites in this field, Mohammad Ali Foroughi has coherent and thoughtful theories about the proper form of government in Iran's political body. Thus, the purpose of this research is to examine the effects of his ideas, to focus on his notion of government, and to answer the question that what kind of government is suitable for the Iran's political structure in his thought. What are the characteristics and components of this government? How was the crystallization of his mental structure about the state in his actions? The research hypothesis is that Foroughi appears to be a constitutionalist with techniques such as constitutional government, the separation of powers, a powerful parliament, the judiciary, and the recognition of civil rights such as freedom of expression and opinion, housing, employment. We have tested the research hypothesis in the context of Skinner's hermeneutical framework. Manuscript profile

Open Access Article

3 - Explaining the position of the President in the Constitution from the perspective of the efficiency of political institutions in the Islamic Republic of Iran
seyedreza shakeri

Political institutions in the light of the evolution of political thought and theories can show new possibilities and limitations. The President has an important and decisive position in the Iranian Constitution, which stems from the direct vote of the people, the ratif More

Political institutions in the light of the evolution of political thought and theories can show new possibilities and limitations. The President has an important and decisive position in the Iranian Constitution, which stems from the direct vote of the people, the ratification of the Supreme Leader, the representation of Iran's national sovereignty in relation to other countries, and its symbolic national face.Today, when the power of states and governments has diminished and, instead, human and individual responsibilities have been highlighted in various spheres of society, politics, and economy and in common human issues, the position of the President, according to new readings, acquires such capacities.Today, as the power of states and governments has diminished and, instead, human and individual responsibilities have been highlighted in various spheres of society, politics, and economics and in common human issues, the position of the President, according to new readings, acquires such capacities.The question of this research is what is the role and position of the president in the constitution according to the efficiency indicators and how can this position be promoted in practice to increase his efficiency? The position of the President is studied in this article with the aim of recognizing and explaining the new possibilities of political action.This effort is based on the components of efficiency within the normative institutional theory. The results show that all the human and cultural content of Constitution can show and reveal new functional aspects for president according to those components. Manuscript profile

Open Access Article

4 - Principles and reasons for monitoring people in the constitution Emphasizing the ethical approach
Ali Kazemzadeh

In the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the gov More

In the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the government responsible for public order, the government's oversight of the people is more important than the other one. Legally, the oversight of the state and the governments is the duty of all citizens, and everyone is obliged to do the duty of good and forbidding the wrong both to the brokers and to the laws and regulations if they violate the rights of the people. These teachings should be accompanied by a precise explanation of the theoretical and practical boundaries so that it can produce a very useful and fruitful function. In Islam and the Islamic Republic, responsible government officials, orbital ethics, trustworthiness of power, error and inerrancy, and acceptance of republicanism, are the reasons for the oversight of power. This oversight does not accept any restrictions on government and government officials; rulers, governors, and Muslims with all of their high status are not excluded from this monitoring; in spite of this, Islam has established its social method and laws based on morality. It has focused on educating people based on ethical standards. The enforcement of laws has also led to moral education. This executive guarantee, like the internal police, is constantly and completely hidden in secret, unobtrusive, and inaccessible to human beings and prevents misconduct and error. Among the principles of supervision of people in the government in the constitution of the Islamic Republic is based on the principle of the eighth commandment to the famous and non-denominator, which is one of the social laws of the Islamic religion, which is obligatory on the basis of society, and the basis for the prevention and acceptance of this jurisprudence Islamic holy religion is the creation of a sense of public responsibility and universal supervision, in order to ensure the implementation of religious standards and to avoid the prevalence of corruption in society and the reform of affairs. Manuscript profile

Open Access Article

5 - Feasibility of apostate punishment in Iranian criminal law With an emphasis on narrative and doctrinal teachings
ahmad ramezani

By approving Article 220 of the Islamic Penal Code, the legislator explicitly stated that in his view, there are other hududs than the hududs mentioned in the law, which must be referred to Article 167 of the Constitution in order to determine their punishment, and trie More

By approving Article 220 of the Islamic Penal Code, the legislator explicitly stated that in his view, there are other hududs than the hududs mentioned in the law, which must be referred to Article 167 of the Constitution in order to determine their punishment, and tried to convert the principle of the legality of crimes and punishments into the religious principle of crimes and punishments. According to Article 225 of the proposed bill, it can be understood that the purpose of the hududs not mentioned in the law is apostasy. There is some disagreement in hudud or discretionary punishment, and there is evidence on its discretionary punishment that, by reinforcing discretionary punishment theory of apostasy, it cannot be resorted to Article 220 of the Islamic Penal Code upon to punish it. according to Article 18 of the Islamic Penal Code and the three-fold emphasis on the word law in this article, it should be said that in discretionary punishment, the principle is on the legality of offenses and punishments, since apostasy has not been criminalized in Iranian criminal law, there is a serious problem with the possibility of punishing the apostate according to the strengthening of the discretionary punishment theory Manuscript profile

Open Access Article

6 - A New Approach to the Conceptual Explanation of Governance and the Characteristics of I.R.I

In the recent decades extensive studies have been conducted about compiling a desired model of governance in the deferent countries. These type of studies have been conducted to identify and measure the quantity, quality and know-how the public policy and administration More

In the recent decades extensive studies have been conducted about compiling a desired model of governance in the deferent countries. These type of studies have been conducted to identify and measure the quantity, quality and know-how the public policy and administration of affaires. Deferent approaches have been applied regarding governance. Unfortunately there is not a suitable model in the Islamic republic of Iran for administration of affaires although there are a three decades of knowledge experiences accumulation about compiling governmental documents and macro public policy making. This research aimed at identifying and illustrating conceptual explanation of governance and the characteristics of I.R.I. In this research it has been tried to make a comparison and integration between deferent theories to deliver a conceptual model of governance. Then efforts have been made to indigenization of the model regarding to the conditions and requirements of I.R.I. Based on the governmental documents including constitution, 1404 vision of the country and the general policies of first to sixth development plans; the dimensions, categories, indices and characteristics of the government model have been explained. Research Findings show that governmental documents not only have concentrated on the main points and indices of good governance but also have paid a big attention to the governance theory. The comprehensiveness of findings, based on the study of governmental documents by the conceptual model of governance, show the obvious failure of the total analogy of governance by the good governance approach. Finally it is recommended to the country’s researchers to use experiences offered by this research and try to improve the governance theory of I.R.I. Manuscript profile

Open Access Article

7 - Explaining the legal framework of the constitution and the law of civil services management decisions N.J.I.I
Ebrahim Azizi

One of the topics of the day in each period of the formation and implementation of decisions, or in other words the legal decisions are enforced. What is important at this time is the rest of the structure and the legal system decisions. As a director in the government More

One of the topics of the day in each period of the formation and implementation of decisions, or in other words the legal decisions are enforced. What is important at this time is the rest of the structure and the legal system decisions. As a director in the government know what decision-making authority and support his decisions or materials which legal principles. Legal principles in documents for the implementation of decisions is better because these decisions will find strong support law enforcement aspects better. One of the challenges facing government managers, particularly managers not familiar with the law and legal mechanisms. Therefore, this article examines the legal principles and legal structure of decision analysis methods are discussed. Constitution and management of the civil service laws that assessed and eventually decide on the model law has been proposed. Manuscript profile

Open Access Article

8 - Domestic Legal Order in Response to Violence against Children
Arian Petoft

Background and Aim: Childhood is the most sensitive period of human life in which various physical and mental dimensions of individuals are formed and developed. Hence, it is crucially important to maintain children's physical-mental health. In the present article, an a More

Background and Aim: Childhood is the most sensitive period of human life in which various physical and mental dimensions of individuals are formed and developed. Hence, it is crucially important to maintain children's physical-mental health. In the present article, an attempt is made to depict the general outline of the domestic legal normative order in response to violence against children. Method: This study has been done in a descriptive-analytical way by using the library resources and especially laws. Results: Children should never be exposed to violent domestic or social situations and experience child abuse. Since children today will be responsible for society in the future, and the progress and development of the country depend on their proper upbringing and development; therefore, the issue of violence against children, which causes great harm to it, is of special concern to Iran's laws. Conclusion: In the current legal system, the response to violence against children knows no boundaries; today, there are various examples, such as violent physical and psychological punishment, parental neglect, exploitation, unhealthy cyberspace, drop out, pornography and pressures of poverty. Manuscript profile

Open Access Article

9 - Right to health in the constitution of the Islamic Republic of Iran
SaSaman Allallahveysi ali gorji aznadreyani

The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by vi More

The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by virtue of the existence of a citizenship relationship. The right to health includes all medical services, adequate food, affordable housing, clean environment and .... Various and influential factors on health make it difficult to define the right, and countries are required to make fundamental decisions to ensure these facilities, which Iran has recognized in the constitution by ratifying health laws and regulations. Manuscript profile

Open Access Article

10 - The Mashrooteh Constitution and its Supplement: The Manifestation of “Citizenship” and “Republicanism”
attaallah karimzadeh abbas manochehri Sohrab Yazdani

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The Mashrooteh Constitution   and its Supplement: The Manifestation of “Citizenship” and “Republicanism”       Attaullah Karimzadeh<a style="mso-footnote-id: ftn1;" title="" href="#_ftn1" name="_ftnref1">*</a>   Abbas Manouchehri<a style="mso-footnote-id: ftn2;" title="" href="#_ftn2" name="_ftnref2">**</a>   Sohrab Yazdani<a style="mso-footnote-id: ftn3;" title="" href="#_ftn3" name="_ftnref3">***</a>       The Constitutional (Mashrooteh) Period is considered the most important period in modern Iranian history concerning modernity. During this period, the Western world was not solely viewed in terms of its material and technological advancements but was also noted for its modern ideas and thoughts in various intellectual, political, and social forms. Although the concepts of "citizenship" and "republicanism" were not explicitly utilized in the text of the constitutional and its supplementary laws, this does not signify a lack of understanding of them among constitutionalists. Despite the historical traditions of "shari'a" and "monarchy" in Iran grappling with new concepts and defending their own existence, efforts were made within the constitutional and supplementary laws to preserve their influence and power by legalizing and institutionalizing them. Consequently, what transpired was the encounter of the ideas of "citizenship" and "republicanism," which meant emancipation from subjects' status and empowerment, leading to tension between the two main intellectual currents, resulting in resistance and diminishing reception. These concepts not only failed to institutionalize in the administrative realm but also did not develop substantially on a theoretical level.       Keywords: Citizenship, Republic, Mashroteh, Constitution, Supplement. <span style="font-size: 12.0pt; font-family: 'Times New Roman','serif'; mso-fareast-font-family: 'Times New Roman'; color: black; letter-spacing: -.3pt; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: FA;"> <div style="mso-element: footnote-list;"> <hr align="left" size="1" width="33%" /> <div id="ftn1" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn1;" title="" href="#_ftnref1" name="_ftn1">*</a> Corresponding Author: Ph.D. Student of Political Thoughts, Tarbiat Modares University, Iran. atakarimzadeh@yahoo.com </div> <div id="ftn2" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn2;" title="" href="#_ftnref2" name="_ftn2">**</a> Professor of Political Science, Tarbiat Modares University, Iran. Amanoocheri@yahoo.com </div> <div id="ftn3" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn3;" title="" href="#_ftnref3" name="_ftn3">***</a> Retired Associate Professor, Department of History, Kharazmi University, Iran. yazdanis1948@gmail.com </div> </div>   Manuscript profile

Open Access Article

11 - The Constitution of the Islamic Republic of Iran: the field of conflicts and conflicts
Qasem Qasemi bivarzani Fariborz Letafati Roqaye Bahonar

10.61186/ahrar.45996.4.8.1

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 confli More

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. Manuscript profile

Open Access Article

12 - Analysis of the content of political development in the documents upstream documents (Constitutional Law and the 20-year vision document of 1404)
Moustafaa kavakebyan Azim Matin

This research delves into the intricate facets of political evolution within the framework of the Islamic Republic of Iran, particularly focusing on the confluence of constitutional governance and strategic foresight. Underlining the imperative of a meticulous scrutiny More

This research delves into the intricate facets of political evolution within the framework of the Islamic Republic of Iran, particularly focusing on the confluence of constitutional governance and strategic foresight. Underlining the imperative of a meticulous scrutiny of both the constitutional framework and the 20-year vision document of 1404, this inquiry probes into the reciprocal influence between the foundational precepts of the constitution, steeped in Islamic jurisprudence, and the transformative objectives delineated in the long-term perspective. Employing a methodical content analysis, the study scrutinizes the stance on political evolution as articulated in both the constitutional provisions and the 20-year horizon document, elucidating the nuanced dynamics that mold Iran's political trajectory. These revelations illuminate the state-driven, hierarchically structured nature of political advancement, underscoring the formidable task of harmonizing developmental initiatives with democratic principles and citizen engagement. This examination not only enriches scholarly discourse surrounding political progression but also furnishes policymakers with invaluable insights to navigate the distinctive socio-political terrain of the Islamic Republic of Iran. Lastly, this study underscores the constitutional emphasis on citizen participation and democratic values as pivotal components for fortifying political and social equilibrium. Manuscript profile

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