Political Thought
Kioomars Ashtarian
Abstract
Analyzing the structure of Constitutional law in the Islamic Republic of Iran can be used to identify the capacities of amending the Constitution and redefining the Iranian governance system. This article, with an institutional-normative approach, seeks to show the theoretical capacities of the constitutional ...
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Analyzing the structure of Constitutional law in the Islamic Republic of Iran can be used to identify the capacities of amending the Constitution and redefining the Iranian governance system. This article, with an institutional-normative approach, seeks to show the theoretical capacities of the constitutional movement on the one hand and the capacities of Mantaghato-laugh (Free area of Islamic regulation) on the other hand to review the Constitution of the Islamic Republic. In Iranian governance, the distortion of the national division of institutional tasks in the form of bureaucratic-tribal monarchy has been widespread in the governance structure. As such, the structural differentiation of social spaces, which leads to the logical separation of religion from public policies, has been ignored. This is while the concept of a “Free area of Islamic regulation” gives general directions to public policies that can return powers and duties to the people, to the government, and the parliament without compromising the legitimacy of the political regime. This article has several theoretical pillars that are used synthetically in connection with the main finding of the article. 1) order and power, 2) separation of powers, 3) legitimacy, 4) unity of religion and politics, and 5) constitutional orientation of public policy making. The main point of the article is that the theoretical capacities of these 5 pillars can be useful for analyzing the structure of the Islamic Republic of Iran's Constitution and revising it. First, with a normative approach, we have discussed the right to exercise power and the separation of powers (the first and second theoretical pillars). The fact that the constitution guides the operation of political societies is born from the idea that the government must protect the fundamental rights of individuals. The fundamental rights have a technical dimension that organizes the exercise of power and therefore creates limitations for the exercise of power. That is why separation of powers is considered a tool against abuse of power, prevention of tyranny, and a factor of national self-actualization, and according to Montesquieu, there will be no freedom without separation of powers. In terms of the third theoretical pillar of this article, it has been discussed that the relation of legitimacy and efficiency are closely intertwined in Iranian governance. In the Constitution, there are several principles that not only determine the direction of the policy-making systems but also lay the foundations of an interventionist government with full responsibility for the welfare of the citizens. As a result, public policies take into account the legitimacy of the political system, and in practice, the legitimacy of the political regime depends on its efficiency. This phenomenon has found an ideological facet in the shadow of the theory of Unity of religion and politics. With regards to the relationship between religion and politics in the Islamic Republic (the fourth pillar of the article), we are facing two aspects of political jurisprudence theory and legal tradition, which appear to be aligned but at the same time can be contradictory. On the one hand, legitimacy refers to the divine sovereignty over the world, and it is embodied in the Islamic Republic's Constitution. On the other hand, for some “official” theorists of the last two decades, this divine sovereignty has led to the acceptance of an approach called the theory of “discovery” and “designation”, which we call "revelation legitimacy". This revolutionist approach, in its essence, makes the legal processes of the constitution irrelevant, which means that at first, it reduces the role of experts to a passive role in the designation of Leader. The fifth pillar of the article deals with the "basic rules of public policies" and the issues of political structure related to public policies. The importance of this article is that it allows freedom of public policy-making to the citizens.
Political Thought
Ali Babaei; kamal pouladi
Abstract
AbstractExamining the special place of Mirza Taghikhan Amirkabir in the contemporary history of Iran requires attention to his perception of the "Janus face of modernity". According to historical sociology, modernity has a dual and interconnected nature, whose positive, civilizational or objective aspect ...
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AbstractExamining the special place of Mirza Taghikhan Amirkabir in the contemporary history of Iran requires attention to his perception of the "Janus face of modernity". According to historical sociology, modernity has a dual and interconnected nature, whose positive, civilizational or objective aspect emphasizes the development and progress of civilizational, economic, scientific and technical elements, and its psychic, subjective and subjective aspects emphasize the importance of achievements. Cultural, corresponding to the freedom of mankind, equality, democracy, pluralism and law, which is manifested in the philosophical language of Kant and Hegel in the concept of "reason itself". In this article, we are going to find out how Amir Kabir, as the great reformer of our society, has thought about the relationship between the elements of modernity. Has Amir Kabir believed only in the positive and industrial aspects of modernity, or has he become aware of the importance of its cultural aspects, including the "law"He has gained faith to the same extent as his predecessors Qaim and Abbas Mirza? The rule of Amir Kabir with the beginning of the reign of Nasser al-Din Shah Qajar in 1230 AH is accompanied by extensive changes Our hypothesis is that Amir Kabir's emphasis on the "fantasy of constitutionalism" reflects his understanding of the need to apply the dual achievements of modernity. Accordingly, We have critically examined the place of "law" in his intellectual and practical system.
Ayat Mulaee
Abstract
In the constitutional law of any country, constitutional reform is one of the ways out of legal barriers, as a result, there may be changes in the power of senior officials. In Iran, in 1989, constitutional amendments were made the result has been a shift in some of the powers of senior government officials ...
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In the constitutional law of any country, constitutional reform is one of the ways out of legal barriers, as a result, there may be changes in the power of senior officials. In Iran, in 1989, constitutional amendments were made the result has been a shift in some of the powers of senior government officials and it is worthwhile to address it from the point of view of constitutional law. Among the institutions that were reviewed in the mentioned reforms; it was the "presidency." The present article seeks to answer this question: What are the most important legal reasons for deprivation of the dignity of the Presidency of the "President" in the structure of the 1989 amended constitution? In answer to this question, using the research method: descriptive-analytical, the research results indicate that first; The dignity of the "presidency" was lost as a result of these reforms. Secondly; Due to the persistence of the institution of "presidency" in the constitutional logic, it is erroneously assumed that in these amendments, the institution of the "Prime Minister" was removed and his powers were transferred to the President However, what actually happened was the removal of the "presidency" institution and in this sense, the wording of the constitution needs to be amended.
Javad Taghizadeh; Samaneh Taghizadeh Chari
Abstract
Article 87 of the 1358 Constitution made the prime minister responsible for forming the Council of Ministers and obtaining a vote of confidence from parliament. After the approval of Article 1 of “the law on adding articles to the code of procedure of the parliament about requesting the vote of ...
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Article 87 of the 1358 Constitution made the prime minister responsible for forming the Council of Ministers and obtaining a vote of confidence from parliament. After the approval of Article 1 of “the law on adding articles to the code of procedure of the parliament about requesting the vote of confidence and the manner of holding it” in 1363/ 5/9, the prime minister was obliged to request a vote of confidence from the parliament both at the beginning of each term of the parliament and in the conditions stipulated in Article 87, after the formation and introduction of the Council of Ministers. In addition, the Council of Ministers was formed based on political will of parliamentary majority. This indicates that the vote of confidence to the ministers follows the parliamentary logic of the political system. After 1368 revision of the Constitution, president made responsible to obtain a vote of confidence for the Council of Ministers after being formed. By stating that “with the change of the parliament new vote of confidence will not be necessary” in Article 133 and removing the post of prime minister, the political system approaches the presidential system. The practical procedure of vote of confidence, after the revision of the Constitution, also confirms the adherence to the logic of the presidential system.
Mehdi Faraji; Behzad Ghasemi
Abstract
After the formation of critical discourses against the current situation in the Qajar period, most of them attacked the authoritarian regime and called for the transition from tyranny to the rule of law. Eventually, the constitution became the main critic's claim, and the constitutional order was issued. ...
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After the formation of critical discourses against the current situation in the Qajar period, most of them attacked the authoritarian regime and called for the transition from tyranny to the rule of law. Eventually, the constitution became the main critic's claim, and the constitutional order was issued. However, at the stage of drafting the constitutional amendment, constitutionalism was considered by shariatians to be contrary to sharia and thus faced a major challenge.The Habl-ol- matin, which had been promoting constitutionalism since many years ago, with secular explanations, after the challenge, changed its position and promoted constitutionality based on the idea of separating sharia from the custom.The basic question of the article is that Habl-ol- matin explained the idea on the basis of what basis and purpose?The findings of the research on the basis of the descriptive-explanatory method show that after the constitution was considered to be contrary to sharia, this publication regulates its secular explanation of constitutionalism on the basis of the jurisprudential permission of the Scholars of Najaf on the necessity of the separation of the sharia from the custom at the time of the absent, and as a way of linking the thinking of the modern state and sharia.
Alireza Dabirnia
Abstract
The nature of the nation practice (nation-state) in creating and amending a constitution is usually measured by two legal and political perspectives: In the legal approach, this jurisdiction is defined within a legal system, but in the political approach the jurisdiction is considered to be the basis ...
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The nature of the nation practice (nation-state) in creating and amending a constitution is usually measured by two legal and political perspectives: In the legal approach, this jurisdiction is defined within a legal system, but in the political approach the jurisdiction is considered to be the basis of the constitution and the power of government derives exclusively from the political will of the nation. It appears that the Constitutional Review Council was constituted in 1989 on the basis of the political theory of "political will of the nation as the foundation of the Constitution" and that the nations ‘intended reforms was done because basically no right was included for the nation to amend the constitution in 1979. The main purpose of the present study is to examine the theoretical foundations of the competence of the nation in drafting and amending the constitution; what is more, the results of this research can be considered as one of the political theories of government in Iran. The research method is descriptive-analytical and the research question is "On what basis and the theory of the 1979 constitution has been revised and amended"? It can be argued that the constitution is credited with a basis called the political will of the nation
Alireza Asadpour Tehrani; Masoud Raei Dahaghi
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 ...
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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.
Ali-Akbar Gorji; mohammadshahab jalilvand
Abstract
Islamic Republic of Iran is a state with unique features in the present time that the matching characteristics with the characteristics of the modern state, there are many opinions dispersed. The modern state, which has its roots in the history of the West, has 10 features that distinguish it from pre-modern ...
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Islamic Republic of Iran is a state with unique features in the present time that the matching characteristics with the characteristics of the modern state, there are many opinions dispersed. The modern state, which has its roots in the history of the West, has 10 features that distinguish it from pre-modern states. Meanwhile, the Constitution is an essential characteristic of the modern state That means adherence to the constitution. Therefore, the theory of constitutional government emphasizes that the the government is basically guardian of order based on the constitution 's power structure and the structure of power in all its aspects should be based on the constitution. This article tries to comment on the constitutional criteria, in the characteristics of the modern state, and the state's political power structure in the Islamic Republic of Iran in this respect will be reviewed and concludes that although in cases such as: the structure of representation, separation of powers, rule of law and the judicial process of securing the Islamic Republic of Iran, there are roots of the development of a governance structure based on the constitution, but with a little reflection on some of the principles of the constitution and also delving into some practice, it is observed that in the context of community governance, constitutional ambiguities of criteria has occurred.
Khalil Sardarnia; Hosien Mohseni
Abstract
Intellectuals are one of the important efficient social forces in political processes and policy making at sovereignty level. Besides they are one of the important and influential reference groups that give shape to public opinion. In Iran in 19 century, with civilizational collision ...
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Intellectuals are one of the important efficient social forces in political processes and policy making at sovereignty level. Besides they are one of the important and influential reference groups that give shape to public opinion. In Iran in 19 century, with civilizational collision with the West was shaped the intellectual mainstream under the impacts of Iran’s socio-political developments. In this research, the authors try to explain the reasons and factors of intellectual’s transition from democratic ideas and beliefs to the idea of authoritative state in two time periods of constitutionalism and Pahlavi by using explanative method and knowledge sociology and romanticism. In response to this question, it must be told that in this metamorphosis rooted in socio-political factors in constitutional age such as political anarchy, Protorianism, national sovereignty crisis, non-realization of democratic ideals and principles and public tiredness of socio-political turbulence. The finding of this article shows that the intellectual mainstream in the beginning years of constitutional revolution and its critical situation came to this conclusion that in the absence of authoritative state or government as a main motivation for development, there would be no hope for national sovereignty and development and additionally without authoritative stability, liberties lead to anarchism and national humiliation.
