Constitution

Open Access Article

1 - Selection of Intra-textual addressee in the constitutional poetry (Based on Social - Political Attitudes)
mohsen zolfaghary طاهره ميرهاشمي

One of the best features of constitutional literature is making a number of modifications in the interlocutor’s domain. The present inquiry is to prove that any changes in this domain are not simply restrained to the addressees of extra-textual type but also including t More

One of the best features of constitutional literature is making a number of modifications in the interlocutor’s domain. The present inquiry is to prove that any changes in this domain are not simply restrained to the addressees of extra-textual type but also including the intra-textual ones in the constitutional literature. The question is what was the role of the innovative political and social attitudes in the choosing one of the intra- or extra- types as well as the preference of any types of addressing style? To achieve to the suitable answer, the new attitudes of political - social constitutional era have been studied and divided in seven themes. Then, the effects of the mentioned subjects have investigated in the types of addressees (intra-textural) taken in the poetry works of some famous poets in the Constitutional period. As a result, in the constitutional revolution, a number of social-political changes leaded to the emergence of a new range of poetry addressees, so the style of addressing was modified at that time. However, the failure of the revolution caused the poets to turn back to their previous and accustomed style of addressing. Manuscript profile

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2 - A Survry to the Features of Feminine Traditional and Modern Identity in Parvin Etesami’s Poetry
مریم صادقی گیوی بهاره پرهیزکاری

Parvin is a poet expressing the isolation and the constraints imposed on women by her contemporaries. She delved into the prevalent beliefs and ill-treatment of the women of her time, which mainly originated from the women themselves, and attempted to evaluate them care More

Parvin is a poet expressing the isolation and the constraints imposed on women by her contemporaries. She delved into the prevalent beliefs and ill-treatment of the women of her time, which mainly originated from the women themselves, and attempted to evaluate them carefully and realistically so that she could find solutions. She was a pioneer poet in this regard. This article analyzes Parvin’s view on women which at the same time is traditional and modern. On the one hand, she admires women as mothers and wives, which entails the features like endurance, kindness, compassion, purity and chastity. On the other hand, she stresses the effective fulfilling of these functions through education and originality of their thoughts. Their relations to their spouses would be based on mutual understanding rather than obedience; they could raise their children in such a way that they would serve the society efficiently. Manuscript profile

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3 - The Study of the Evolution of Maternal Contents in the Poetry of Some Poetesses from the Period of Constitutionalism up to Present
مریم عاملی رضایی

Women’s Poetry has always been the field of expressing their emotions. Maternity is the purist of the feminine emotions reflected in the poems of both men and women. Extending feminine poetry in contemporary period, maternal images have also been depicted in it by the p More

Women’s Poetry has always been the field of expressing their emotions. Maternity is the purist of the feminine emotions reflected in the poems of both men and women. Extending feminine poetry in contemporary period, maternal images have also been depicted in it by the poetesses themselves. The objective of the present article is to study maternal contents in the poems of Iranian famous poetesses from the period of Constitutionalism to the present, say, Jale Qaem Maqami, Parvin E’tesami, Foruq Farokhzad, Simin Behbahani. It focuses on the fact that emerging modern thinking and individualism introduced the content of separation between mother and child to the feminine poetry. It also studies the ascent and descent of expressing maternal contents in their poetry. Although the nature of maternal emotion is the same, it worth mentioning that it can be affected by factors like the life, beliefs and world view of a poetess herself, the social changes of her time that make some contents more prevailing than the other ones. Findings of the present research shows that the main contents of this type are expressing mother and child emotions, mother and child talk, training child by mother, mothers view on the world and universe. Studying maternal contents in the poetry of every poetess, we will follow its changes regarding their time. Manuscript profile

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4 - A Shift from the Oral Culture to the Written Culture in Women’s Writings (From Naseri period to the Constitutional period)
مریم عاملی رضایی

In the literary history of Iran, there can be found samples of women’s writings, most of which are in prose. Until the Naseri period, the very few writings were limited to jurisprudence, litanies and prayers. Two travelogues and one critical-social writing are available More

In the literary history of Iran, there can be found samples of women’s writings, most of which are in prose. Until the Naseri period, the very few writings were limited to jurisprudence, litanies and prayers. Two travelogues and one critical-social writing are available relating to the Naseri period. The writing mode of these texts reveals that the women at that time were not familiar with the common frames of formal writing. They wrote in a female intimate environment and employed a spoken language. At the Constitutional period, as women made their presence felt in society, they did so in the field of prose writing. Publishing their letters, particularly in women’s journals of the time, gave them an opportunity to experience formal written language. Women’s language entered a public zone. Their highly frank and open language which had been formed during centuries at an intimate female atmosphere, and under the influence of oral literature, was refined and distanced itself from the words that were supposed to be offensive for the public usage. In this way a civilized language of women was formed that followed the norms of the dominant culture of the time. So, one could claim that women’s presence at the society coincided with their transition from the field of oral literature to the field of written literature. Manuscript profile

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5 - The Government and Society in the Poetry and Thought of Farokhi Yazdi
رسول حسن‌زاده

Mirza Mohammad Farokhi Yazdi is considered one of the famous poets of Persian proletarian literature. In the present article, we analyze Farokhi’s ideal governmtal system, show the changes of his political thought in different periods of his life, and study his ideal co More

Mirza Mohammad Farokhi Yazdi is considered one of the famous poets of Persian proletarian literature. In the present article, we analyze Farokhi’s ideal governmtal system, show the changes of his political thought in different periods of his life, and study his ideal constitutional government, its foundations and principles, and the causes of its failure from the view of the poet himself. This will be followed by a survey to the motivations of Farokhi’s inclination to the thought of Constitutional Revolution, and his critical standpoint against authoritarianism or ‘authoritarian government’ and introducing republicanism. At last, we evaluate the causes and motivations of his advocacy of communist ideas and its various dimensions by reference to his written works, specially his poetrry. To show the depth of his political thoughts, we also study and analyze his use of the national-religious symbols, and the way he employs them in line with the realization of his thoughts. Manuscript profile

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6 - Reflection of the Constitutional Era in Nasim-e Shomal and Ahmad Shouqi's Poetry
GHsem Sahrai علي نظري

The people's awakening and awareness, seeking liberty and justice, wanting rules, fighting against oppression, patriotism, and in other words demanding the Constitutional situation were among the most important events in contemporary Iran and some of the other neighbori More

The people's awakening and awareness, seeking liberty and justice, wanting rules, fighting against oppression, patriotism, and in other words demanding the Constitutional situation were among the most important events in contemporary Iran and some of the other neighboring countries. The writers of this article intend to reveal this common theme in the poetry of two contemporary poets; Nasim Shomal- the Iranian poet and Ahmad Shoqi; the Egyptian one. Though Nasim Shomal and Ahmad Shoqi lived in two non-neighbor countries with different languages; there are many common concepts and themes related to the Constitution observed in their poetry which show the common cultural and social aspects in both the Iranian and the Egyptian nations. They expect the Constitutional and the parliament system to have deserving, functional and knowing rulers; a system which provides the people's welfare and progress and happiness and blocks any kind of oppression and tyranny. But unfortunately the Constitutional system does not develop in the living era of these two mentioned poets as it is expected and fails. The anti-constitutionals gain power over the parliament and the other governmental positions and therefore the country is threatened by chaos and turmoil. For these reasons both of the poets encourage and call people to protect their countries. Manuscript profile

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7 - Mirzadeh Eshqi and the Modernization Issue
علي محمدي

In the chaotic and overexcited era of the Constitutional Period, Mirzadeh Eshqi was a live and vibrant poet; fortunate enough to think about modernization. Within the versified worldview of Eshqi one can observe all the aspects of the phenomenon now known as "modernizat More

In the chaotic and overexcited era of the Constitutional Period, Mirzadeh Eshqi was a live and vibrant poet; fortunate enough to think about modernization. Within the versified worldview of Eshqi one can observe all the aspects of the phenomenon now known as "modernization". The feature most of notice in the structure of thought and approach of Eshqi is his paradoxical and heterogeneous attitude towards the different dimensions of modernity. Eshqi's ideas constantly flow within a black and white whirlpool approach; in other words there are constant changes. Therefore such an entirety-seeking thinking would be full of paradoxes. In Eshqi's worldview, there is not any share for wisdom and rationality; where this atmosphere mostly represents a picture of destruction, seeking revolution and carnage. Eshqi is so nervous and vehement natured that once he views an instance, he tends towards exaggeration and observes all human beings the same; regardless of whether they are good or bad. In overall, Eshqi's attitude towards the Iranian individuals is filled with paradox and contrasts. This article surveys the concept of modernization in Eshqi's poetry. Manuscript profile

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8 - 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

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9 - Conceptual Evolution of “Law” in the constitution process of Islamic Republic of Iran
Mohammad kamalizade

The constitution of Islamic Republic of Iran as an influential concept and phenomenon, needs to be investigated historically to make clear the formation process of its constituent concepts and elements. The concepts and elements have been formed before revolution and as More

The constitution of Islamic Republic of Iran as an influential concept and phenomenon, needs to be investigated historically to make clear the formation process of its constituent concepts and elements. The concepts and elements have been formed before revolution and as a result of revolution on one hand, and the intellectual attempts of compilers regarding conventionalizing issue. The great characters of revolution not only did not have any perception and special thought of law in their minds, but also they did not think well about the process of law formulation. So while formulating the constitution, they are faced with various difficulties for formulating the key clauses such as sovereignty problems and peolple’s rights and principal freedoms. So for understanding the philosophy and the process of constitution phenomenon in Islamic Republic of Iran, the historical concepts and its formation process and also conventionalizing process of laws should be considered. This goal is achieved considering the mentalities and intentions of formulators of Islamic Republic of Iran’s law while responding the era’s problems. Manuscript profile

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10 - 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

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11 - The Theory of Resistance in New Constitutional Thought
mohammadreza tajik aref masoudi

The concept of Resistance as a "right", or as a theory in new tradition is from the rudiments of new constitutional ruling system. However, some consider application as right to be a norm and not a base for political undertaking. Its role as a normative principle remini More

The concept of Resistance as a "right", or as a theory in new tradition is from the rudiments of new constitutional ruling system. However, some consider application as right to be a norm and not a base for political undertaking. Its role as a normative principle reminisces political power limits to rulers, and makes citizens manned with utilities to influence their decisions. The origin of this theory can be traced to the ideas of the most important political philosophers like Thomas Hobbes and John Locke. Hobbes in his theory, de facto, realizes the existence of "focus and some points of resistance" to be sublimating the spirit, but Locke considers the power of the government to be conditioned by the obedience and the practice of rules; in case of disobedience may legitimize the rights of people to revolt and dissolve. Therefore, resistance used to be the natural, ethical, and fundamental right of citizens that can only be resorted in case of breeching or dissolving of the basic principles, or the acquiescing of the majority. This study accounts for the processes of organizing the theory of resistance, based on the "right of resistance" of every member of the society, and considers the thought of constitutional quest as its first theoretical carrier. Manuscript profile

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12 - Constitutional Thinkers' Perception of the Concept of Equality
mohamad ali tavana Mohammad kamkari Mohammad Javad Mostafavi Montazeri

Simultaneously with the constitutional movement and the change of the political system from (absolute monarchy to constitutionalism), the debate over the idea of equality became popular among the thinkers of this era. But the question is that what was the thinkers’ atti More

Simultaneously with the constitutional movement and the change of the political system from (absolute monarchy to constitutionalism), the debate over the idea of equality became popular among the thinkers of this era. But the question is that what was the thinkers’ attitude of this age (constitutionalists and sharia seekers (Mashroehkhahan)) about equality? Based on the four categories of ontological meaning, dimensions, realm and scope of inclusion, the present article examines the perception of constitutional thinkers of equality. The method of the present article is text-based reading. The findings of the study are as follows: Constitutionalist religious thinkers such as Naini and Mahallati emphasized the legal (rather than natural) equality of the nation, including the equality of religious minorities and women in civil and social dimensions (rather than religious). And they recognized specifically political equality only for the wise men of the nation. Constitutionalist secular thinkers such as Akhundzadeh and Talibov, and moderate constitutionalist thinkers such as Mostashar al-Dawla and Malkum Khan at the same time emphasized the natural and legal equality of the nation in the civil, social and political dimensions in the public sphere. In contrast, sharia seekers (Mashroehkhahan) such as Sheikh Fazlullah Nouri, Ali Akbar Tabrizi, and Najafi Marandi believed in natural inequality (especially from a religious perspective) and saw the civil, socio-political equality of religious minorities and women as opposed to the inherent superiority of Islam. Manuscript profile

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13 - The relationship between the Lacanian subject and the formation of theories of the failure of the constitutional movement
Mohammad Bagheri ali mokhtari Hamdallah akvani Sadegh Haghighat

Throughout history, numerous movements have been formed in various societies, and after almost all of them, thinkers have emerged who have judged the failure of that movement and theorized it. Therefore, this question arises as to why, despite the influence of movements More

Throughout history, numerous movements have been formed in various societies, and after almost all of them, thinkers have emerged who have judged the failure of that movement and theorized it. Therefore, this question arises as to why, despite the influence of movements, the subject is persuaded to its failure? To find the answer, Jacques Lacan's psycho-socio-political theories, which have a post-structural background, have been used as a method. Also, the constitutional movement, as an example, has been chosen as a case study for applying Lacan theories. The possible answer to this question, based on Lacan theories, refers to the importance of the subject's desire and fantasy in human dynamism and movement. The research findings show that the subject's belief in failure is inevitable. But this belief is not related to reality but is rooted in the perpetual and ontological gap between the subject and the other. Manuscript profile

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14 - 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

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15 - 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

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16 - Moral support in the performance guarantee of government approvals in Iran and the United
Mohammad Saeed Ansari Nader Mardani

The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set o More

The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set out in various constitutional principles. Article 72, for example, states: "The Islamic Consultative Assembly can not legislate to comply with the principles and rules of the official religion of the country or the constitution ..."All laws must be approved by the Guardian Council. Without a Guardian Council, the Islamic Consultative Assembly has no statutory authority, except in the case of approval of the credentials of the representatives, and the election of six lawyers of members of the Guardian Council. In cases where the Assembly of the Islamic Consultative Assembly considers the Council of Guardians to be in violation of the Shari'a or the Constitution, and the Assembly shall not provide the Guardian Council with due consideration to the expediency of the system. The Expediency Council adopts the necessary decisions. In US law, the three executive powers, the judiciary and the legislature are completely independent of each other. The president will not vote for confidence from Congress, but for his ministers, he needs two-thirds of the senators to vote. Manuscript profile

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17 - Value–Legal Analysis of Iran’s Governance Approach to Privatization
Aminallah Samadi Abolfazl Jafargholikhani Mohammad Reza Yousefi

The term “privatization” has not been defined in our laws. Privatization is a complicated and vague concept featuring various political, social, economic and legal aspects and outcomes. Before and after the Islamic Revolution, our legislator’s approach has been towards More

The term “privatization” has not been defined in our laws. Privatization is a complicated and vague concept featuring various political, social, economic and legal aspects and outcomes. Before and after the Islamic Revolution, our legislator’s approach has been towards the domination of public and state ownership. But, a larger deal of attention was gradually paid to privatization due to numerous reasons such as domestic and foreign factors including the prevention of public and state sectors’ monopoly, stagnation of the society, downsizing of the government, valuing the private sector and entry to global trade and markets. The objective and distinct examples of such an approach is the Act 44 of the constitution and Islamic Republic of Iran’s first to sixth economic, social and cultural development plans. The most important objective of privatization has been enhancement of the entities’ efficiency and optimization of resource allocation in the majority of the countries. Valuing the privatization is in fact supplementing the state and public proprietorship. Such an overlap can remove the gaps and impediments and concomitantly put into effect all the national talents and competencies. The present study aims at elaboration of the adopted by value – legal analysis of Islamic Republic of Iran’s governance approach towards the process and concept of privatization. Manuscript profile

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18 - Protecting the constitution in the case of bureaucratic justice based on personal dignity and prohibition of dignity
Mohammad Javad Rezaeizadeh Vahid Maleki

The constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and More

The constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and validity of a constitution is maintained when all elements of the legal system are in harmony with it and the constitution is the dominant element in that system. The Administrative Justice Tribunal, which, under Article 173 of the Constitution, is the authority to deal with administrative disputes and to monitor the compliance of administrative regulations with Islamic law and the law; It opposes ordinary law and primarily the constitution and, by issuing judicial opinions as constitutional norms, has provided a valuable resource, namely judicial practice in the field. In the present article, while examining the aspects of judicial oversight over the administrative functions of the Court in the substantive jurisdiction of state law, the role of this judicial authority will be examined with a view to respect for persons and prohibition of dignity in the Constitution. Manuscript profile

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19 - Investigation of the Basis of Transformation Legitimacy with the Quranic Approach - Validity And its effects in the teachings of criminal law
hosein khorshidi mohamad hosein shabani

In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and More

In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and new and new issues, and contemporary jurisprudents according to two principles of dynamism And the definitive trust in the religious texts and sources has kept the light of the intellect clear and this has led to the development and development of jurisprudence. Therefore, in this article, based on the authoritative sources of Islam and the principles of the criminal law, through analytical and descriptive methods The study of the legal basis of the legitimacy of gender change has also been studied, as well as the effects of the legitimacy of sex change. Iran's current criminal law the notion of order under scrutiny. The jurisprudential foundations of the legitimacy of the issue of gender change are twofold: first category; absolute legitimacy; second class; conditional legitimacy; according to the authors, the viewpoint of contingent legitimacy is in accordance with medical and legal principles, and also in criminal matters, according to the principle of interpretation in favor The accused and the subtle interpretation of the criminal law, in every matter that there is a suspicion of the accused in the sex, the criminal laws are assisted by the accused and adopt a gender that does not respect him or her, and also by changing sex from male to female, The current woman will be in the women's sentences, and the woman will also be the man after the change of sex; the principle is that in case of committing a crime The works and will be a new gender rules. Manuscript profile

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20 - The Similarity between Jalal Al-e- Ahmad and Sadro-al- Odaba of Isphahn's Thoughts
qahraman shiri fatemeh hoshmandi yavar

Sadr was a religious writer in the Constitutional Era, which nearly half a century before Jalal, in his literary analyses has suggested some inferences, reasons, and solutions that have wonderful similarities to Jalal's thoughts. His critiques including matters like the More

Sadr was a religious writer in the Constitutional Era, which nearly half a century before Jalal, in his literary analyses has suggested some inferences, reasons, and solutions that have wonderful similarities to Jalal's thoughts. His critiques including matters like the infatuation with Islamic covering, ethics, manners, politics, Western culture, the silence and seclusion of religious leaders about social changes and revolutions, the inability of schools and universities in not to be influenced by technology and colonization by Western colonizers, have a thorough similarity with Jalal's inferences. His use of narrative-analytical, and monophonic writings, and simple, and conversational language remind us of Jalal's writing style, and his solutions, to get rid of Westernization, are exactly the same as Jalal's. To him, these solutions include the return to the traditionalism and religious beliefs, because religion, more than anything else, has a very strong position among people, and can make them united. Manuscript profile

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21 - Constitutive discourse and triple discovery; rationality, ideology and power )Case study of 25 journals from Tabriz constitutional revolution (
DR abolfazl ghanizadeh

Discourse is a force that emanates from a relationship of three, rationality, ideology, and power, and is used for political action. With the identification of triples, rationality, ideology and power, one can discover the ontology of discourse, and vice versa, through More

Discourse is a force that emanates from a relationship of three, rationality, ideology, and power, and is used for political action. With the identification of triples, rationality, ideology and power, one can discover the ontology of discourse, and vice versa, through the discovery of discourses, it can be traced to the trios of time. Since the introduction of the term Constitutionalism into the political literature and the quadruple functions of discourse, whether compulsion, critique, concealment and eventually legitimization or decriminalization in the interaction of rationality, ideology and power in the field of literary competence, especially the field of press, was realized through analysis and analysis The discourses that were heated through congressional publications in Tabriz were trivial in the constitutional period. In this regard, in the present study, 25 journals from the period of constitutionalism between the peak years have been selected and selected from different perspectives, content, approach and goals. Conclusion: Monarchism, intellectuals, including liberalism and socialism, clergy, including orthodox, jurisprudential recitations and the dominant triune of modern society. Manuscript profile

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22 - 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

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23 - 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

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24 - 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

25 - 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

26 - The Conceptual Course of the Limitation of Power in the Political Thought of the Qajar Era (Transition Process from Authoritarian Monarchy to Constitutional Monarchy)
Abialghasem Shahryari Seyed Hossein Athari mohsen khalili mahdi najafzadeh

Investigating the history of the political thought of power limitation in the Qajar era, which led to the constitutional monarchy, is the aim of the present study, and the question has been raised that what process the concept of constitutional monarchy goes through as More

Investigating the history of the political thought of power limitation in the Qajar era, which led to the constitutional monarchy, is the aim of the present study, and the question has been raised that what process the concept of constitutional monarchy goes through as the final manifestation of the power limitation in the Qajar era. Skinner's research program was selected as the basis of the research, which believes in the historical course of thought, and considers it identifiable through linguistic conventions. The result of the study shows that the constitutional monarchy is the result of the development of three linguistic covenants in the limitation of power: the limitation of power first entered the field of Iranian political thought during the reign of Feth Ali Shah as the limited king, and then in the Nasrid era with two covenants of absolute monarchy. And moderate monarchy developed. The final course of the idea of power limitation was in the era of Mozaffari, when the continuation of the autocratic monarchy led to very unfavorable conditions in Iran and the transition from it was considered a constitutional monarchy. In Skinner's opinion, all the processes used to limit power in the Qajar era are corrective measures to legitimize the political system. Manuscript profile

Open Access Article

27 - Comparing and analyzing the world view of constitutional poets based on their social class
fahime asadi

Society plays a role in the creation of artistic and literary works, and sociological studies of literature have different methods. Lucien Goldman, the owner of the theory of developmental structuralism, believes that the social class of the creator of the work affects More

Society plays a role in the creation of artistic and literary works, and sociological studies of literature have different methods. Lucien Goldman, the owner of the theory of developmental structuralism, believes that the social class of the creator of the work affects his worldview and the worldview determines the structure of the work. In the upcoming research, the worldview of Bahar, Iraj Mirza, Aref Qazvini and Farrokhi Yazdi has been analyzed on this basis and based on the relationship between the worldview of these poets and the construction and application of the structural unit; That is, the compound addition to which the word fist is added, has been analyzed.The Fist of Time, the Strong Fist of Iran, the Hammer-like Fist, the Fist of Knowledge, the Fist of Jamaat and the Fist of Gold are the combinations thar are made by these poets. Every poet considers the fist (literally, power) to belong to something that is important in his worldview; The worldview of the poet who created "Fist of Times" is not the same as the worldview of the poet who created "Fist of Knowledge".Aref Qazvini has great ideals for Iran and the nation, and he considers natural sciences and national sovereignty to be the way to achieve them. Iraj Mirza is a prosperous prince and his ultimate will is to preserve the existing structure, so he is without ideals and knows the power of the economy and uses the golden fist. Although Farrokhi Yazdi is trying to take the side of new elements, his worldview remains an eclectic of traditional and new elements, and most of the socialist attractions are present in his worldview, and this is how he makes a hammer-like fist. The discontinuity that appears in different sections is caused by the difference in worldviews of the poets. Manuscript profile

Open Access Article

28 - 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

29 - Moral autonomy in the Holy Qur'an
mohsen bagheri seyed ahmad fazeli

autonomy is a concept that has been in the field of politics since ancient Greece, but Kant assigned a fundamental role to it in ethics. He believes that the moral subject, in addition to being subordinate to the absolute, as the moral law, is also its creator. After Ka More

autonomy is a concept that has been in the field of politics since ancient Greece, but Kant assigned a fundamental role to it in ethics. He believes that the moral subject, in addition to being subordinate to the absolute, as the moral law, is also its creator. After Kant, this concept found other definitions and positions such as personal autonomy and rational autonomy. In his book about autonomy, Dworkin gave a general formulation of moral autonomy, in which the axis is " owner to moral principles" with various meanings. In this article, the concept of autonomy and its components such as self- constitution, self-control, rationality, and independence have been explained from the perspective of philosophers, and then through these components, a reading of this concept in the Holy Quran has been followed. It can be said that autonomy is mentioned in some of its meanings in the Holy Qur'an and is considered one of the components of the moral agent. Manuscript profile

Open Access Article

30 - 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

31 - 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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