Document Type : Research Paper

Authors

• Masoud Raei Dahaghi ¹
• Alireza Asadpour Tehrani ²

¹ Assistant Professor, Department of International Law, Islamic Azad University, Najaf Abad Branch

² Ph.D. of Public Law, Islamic Azad University, Najaf Abad Branch, Najaf Abad, Iran

Abstract

Due to the developments in social relations in modern societies, and in particular the importance of restrictions on the political power of governments, the rule of people and the protection of individual rights and public freedoms as the foundations of constitutionalism and constitutional rule, it seems to be necessary to introduce a new category of basic laws that are more consistent with modern constitutional rights and constitutionalism. Thus, all classical categories of constitutional laws are briefly introduced and criticized, and then a new categorization of basic laws to the liberal constitution and republican constitution is proposed and explained. As a result of this division, the state can be liberal or republican, but in the present time, both types of modern states must be constitutional. Of course, the republican holds this supremacy over the liberal state, which governs the protection of public freedoms. This essay is based on a fundamental assumption: the emphasis on the constitutional positivist concept. Since, the classical classifications are based on the inductive method; accordingly, the same method has been used to criticize and propose the alternative.