نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری حقوق عمومی، پردیس بین المللی کیش، دانشگاه تهران، ایران. (نویسنده مسئول)
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The aim of this research is to investigate the legitimacy of Iran's political system between leadership as a religious and religious concept and republicanism as a western and new concept derived from the system It is the western politics that has been reflected in the constitution after the Islamic revolution. so; The challenges and jurisprudential-legal contradictions of legitimizing governance based on jurisprudence and people's republic in the Islamic Republic of Iran are examined in this research. The results of this research show that if there is any ambiguity in the interpretation of the people's right to sovereignty, it is necessary to pay attention to the constitution as a system; First, the position of the people as the creator of political power and the system of the Islamic Republic of Iran and the constitution should be considered as the product of the nation's will. In this assumption, the system of the Islamic Republic of Iran, as a creation of the people, must always be subject to its creator, that is, the nation, and thus, the creator of political power inevitably has the right of full and sole sovereignty. Based on this, the constitution has recognized the single sovereignty and dual and limited sovereignty is fundamentally incompatible with the principle of people's right to self-determination. Although in recent years, the people's right to sovereignty has been ignored in practice and institutions such as the Guardian Council have taken steps to Islamize the laws and also hinder the people's forces in the decision-making process and access to key institutions, but the people's sovereignty with The interpretations in the constitution prevail.
کلیدواژهها [English]
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