Yaser Ghahremaniafshar; Kheirollah Parvin
Abstract
Modernization of governance and the attainment of collective enthusiasm and participation in political decision-making began since the fundamental shift of sovereignty from the Sultan to people. The modern state, as a descendant of ancient forms of governance, defines its sovereignty based on human wisdom ...
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Modernization of governance and the attainment of collective enthusiasm and participation in political decision-making began since the fundamental shift of sovereignty from the Sultan to people. The modern state, as a descendant of ancient forms of governance, defines its sovereignty based on human wisdom rather than spiritual sources. As a claimant to the divine and popular sovereignty, the Islamic Republic of Iran (IRI)—within the Constitutional Law—has recognized its own political–legal framework based on revelation and jurisprudence. Yet as a political entity in international politics and relations, the IRI cannot remain indifferent to the necessities of the modern world, especially when it comes to political and legal systematization. As a result, the IRI has also used modern methods of governance to organize the country legally and politically as well as to manage public affairs. Since state and modernity are pluralistic phenomena in intellectual and political systems, there are differences in the way the components of the Modern are recognized. Taking this as its central topic, the present study used a descriptive–explanatory and prescriptive approach as well as the library data to analyze the constituting components of state. The main finding is the fact that the difference lies in the normative basis and genesis of the two legal systems.
Mahdi Moradi Berelian; Ali Akbar Gorgi Azandariani
Abstract
This article aims to present a narrative of the modern state that has five essential elements without which there would be no modern conception of state. The abstract personality of the state, sovereignty, modern subjectivity, and the creation of a dedicated citizen, the expansion and manifestation of ...
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This article aims to present a narrative of the modern state that has five essential elements without which there would be no modern conception of state. The abstract personality of the state, sovereignty, modern subjectivity, and the creation of a dedicated citizen, the expansion and manifestation of sovereignty volition within the law are the foundations of the modern state. At the same time, this study examines earlier identities for a specific purpose in order to prove that despite the various challenges to these identities, they can still be sustained in the modern state. The text also seeks to point out in a disconcerting way in the current scientific discourse that some of the features listed for the modern state in these discourses are in fact due to the error of unification of the concepts of state and government. From the library sources and the application of a descriptive and analytical approach, the following questions are answered: (1) What are the features of the modern state conception? (2) Can government and state be regarded as identical phenomena? What are the outcomes of this synergy between the two for modern state concept (3) Despite challenges such as the formation of the European Union, human rights, postmodernism and globalization can still claim the viability and durability of modern state identities, and in particular the gem characteristic of sovereignty?
