Constitution

Open Access Article

1 - 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

Open Access Article

2 - Ideal political Society in Sheikh Mohammed Ismail Mahallati' Political Thought
mohamad ali tavana Mahmoud Alipour

It seems that every political thought in itself, contains an ideal political society. This ideal society can be apparent, such as Farabi' utopia or the hidden and latent, Such as Sohrevardi' ideal society. Theorizing About political ideal is result of social and politic More

It seems that every political thought in itself, contains an ideal political society. This ideal society can be apparent, such as Farabi' utopia or the hidden and latent, Such as Sohrevardi' ideal society. Theorizing About political ideal is result of social and political crisis. One of the most turbulent periods in the history of Iran is Qajar era, which is faced with different crisis such as absolute power and colonialism. This crisis led to contemplate the many thinkers and each according self- effort to have a response to this crisis. One of the thinkers is Sheikh Mohammed Ismail Mahallati that his political thought is less considered. It seems that he answers to this crisis and his political ideal is different from other thinkers in this era. Accordingly, the central question of this paper is that: What is the Mahallati specific reply to crisis of constitutionalism era? And how is his ideal political society? What are its features? And Finally, What relationship exists between justice and public interest in his ideal society. Manuscript profile

Open Access Article

3 - 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

Open Access Article

4 - Governance in the Thought and Action Of "Mohammad Ali Foroughi"
saeede khalili

20.1001.1.20085796.1398.11.26.4.4

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

Open Access Article

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

20.1001.1.20085796.1398.11.26.8.8

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

20.1001.1.20085796.1399.12.28.3.4

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

Open Access Article

7 - 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

20.1001.1.20085796.1400.13.29.7.7

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

Open Access Article

8 - 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

20.1001.1.20085796.1400.13.29.11.1

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

Open Access Article

9 - 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

10 - Constitutional Law: Reinterpretation of the Islamic Government within the Framework of Religious Content in the Jurisprudential Thoughts of Ayatollah Montazeri and Ayatollah Beheshti
Mahdi Najafzadeh Vahid sinaee ahmad rahimi

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Constitutional Law: Reinterpretation    of the Islamic Government within the Framework   of Religious Content in the Jurisprudential Thoughts   of Ayatollah Montazeri and Ayatollah Beheshti   Mahdi Najafzadeh<a style="mso-footnote-id: ftn1;" title="" href="#_ftn1" name="_ftnref1">*</a>   Vahid Sinaee<a style="mso-footnote-id: ftn2;" title="" href="#_ftn2" name="_ftnref2">**</a>   Ahmad Rahimi<a style="mso-footnote-id: ftn3;" title="" href="#_ftn3" name="_ftnref3">***</a>   The Constitution of the Islamic Republic of Iran institutionalized the principle of Guardianship of the Jurist (Velayat-e Faqih) in the country and extended its influence over all aspects of the lives of the Iranian people. Ayatollah Hussein-Ali Montazeri and Ayatollah Seyyed Mohammad Hosseini Beheshti played an irreplaceable role in formulating the Constitution due to their positions in the parliament. Each of these two eminent figures had significant differences in their understanding of the Constitution and its concepts. This article, from the perspective of Skinner's hermeneutic method, delves into analyzing the prominent roles of these two figures in the Islamic Revolution in the drafting of the Constitution. What were their intentions and practical actions within the political system established by the Constitution? During a time when Islam was severely threatened by Western thought, they aimed to establish an Islamic political system. Montazeri believed that the principles and rules of fiqh concerning the concept of Guardianship of the Jurist were sufficient for governing Islamic society, while Beheshti viewed Islamic principles and standards around the axis of Guardianship of the Jurist as a framework that could selectively incorporate modern democratic, Marxist, and human rights concepts to be responsive to the current Iranian Islamic society. In the final analysis, Beheshti's theory prevailed in drafting the Constitution, bringing about an Islamic government through a constructed customary process.   Keywords: Constitution, Velayat-e Faqih, Ayatollah Montazeri, Ayatollah Beheshti and Skinner.   <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: Associate Professor, Political Science Department, Ferdowsi University of Mashhad, Iran. m.najafzadeh@um.ac.ir </div> <div id="ftn2" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn2;" title="" href="#_ftnref2" name="_ftn2">**</a> Associate Professor, Department of Political Science, Ferdowsi University of Mashhad, Iran. sinaee@um.ac.ir </div> <div id="ftn3" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn3;" title="" href="#_ftnref3" name="_ftn3">***</a> Ph.D. Student of political science majoring in Iranian issues, Ferdowsi University of Mashhad, Iran.  ahmadrahimi222@gmail.com </div> </div>   Manuscript profile

Open Access Article

11 - 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

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