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Author(s): 

Chalabi Faeghe | Malakooti Hashtjin Seyed Hosein | Mojtehedi Mohammad Reza | Mulaee Ayat

Journal: 

Public Law Research

Issue Info: 
  • Year: 

    2022
  • Volume: 

    24
  • Issue: 

    75
  • Pages: 

    183-216
Measures: 
  • Citations: 

    0
  • Views: 

    70
  • Downloads: 

    19
Abstract: 

The CONSTITUTION should be a symbol of flexibility in the face of social challenges. In most CONSTITUTIONs, it is possible to amend the CONSTITUTION through a formal revision. The difficulty of the formal reform process has led CONSTITUTIONalist democracies to believe that a formal revision of the CONSTITUTION cannot be the only way to achieve the desired goal of meeting the CONSTITUTION with the needs of society, parties, and people on the CONSTITUTION in the CONSTITUTIONal law. In this respect, two approaches of originality and dynamism are noteworthy. The controversy between the originalists and the dynamic CONSTITUTION suggests that in addition to the formal method, CONSTITUTIONs can be reviewed and changed informally. In this article, the concept and principles of the dynamic CONSTITUTION as a new theory, survey the limits of living CONSTITUTION interaction in the face of the originalist CONSTITUTION, the relationship between the living CONSTITUTION and the legitimacy of the political system, and its confrontation with the rule of law are examined. The main goal of this article is to provide the basis for further research and localization of the present theory by examining the dimensions and challenges of the forthcoming issue to address the shortcomings of the Iranian CONSTITUTION in the face of the current challenges of the CONSTITUTION.

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Author(s): 

PAYKANI JALAL

Issue Info: 
  • Year: 

    2018
  • Volume: 

    18
  • Issue: 

    7 (59)
  • Pages: 

    63-76
Measures: 
  • Citations: 

    0
  • Views: 

    445
  • Downloads: 

    0
Abstract: 

This paper is aims to review the book entitled Review of HISTORY: What and Why? byBeverley Southgate. Our findings show that this book is not an original work which contains speculations of the author, but it is an elementary text book about one of the most important questions of the philosophy of HISTORY, i. e. Does HISTORY have any kind of objectivity? In a good manner, he gathered views of the former as well as the latter. Also, he shows that how the HISTORY, as a disciplines affected by other fields of humanities. Its language is simple and has a logical structure. But relativistic and subjectivist approach of the author is one of the challenging aspects of this book in Iranian philosophical atmosphere. This book is old and its subject matters are very limited.

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Journal: 

Political Quarterly

Issue Info: 
  • Year: 

    2011
  • Volume: 

    41
  • Issue: 

    3
  • Pages: 

    305-320
Measures: 
  • Citations: 

    0
  • Views: 

    4110
  • Downloads: 

    0
Abstract: 

Although the subject of amending was reffered to in the draft CONSTITUTION ,but due to revolution time circumstances, this principle was not approved. Ten years of Islamic state (1358-68) revealed some problems of the CONSTITUTION like multiple decision making centers and existence of parallel organisations at administrative, legislative and judicial levels. After the war and considering appropriate opportunity, Imam Khomeini issued the command of amending and thus, the Council of amending created some changes in CONSTITUTION and centralized the country’s decision making structure without any change in the role of people.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    22
  • Issue: 

    7
  • Pages: 

    1-23
Measures: 
  • Citations: 

    0
  • Views: 

    225
  • Downloads: 

    0
Abstract: 

The book “, HISTORY and Theory in Anthropology”,by Alan Barnard, a leading researcher and author of anthropological studies, especially anthropology in South Africa is among valuable works in the field of anthropology. In this book, he examines the theoretical nature of anthropology throughout HISTORY and the views of prominent scholars and thinkers of this science and their comparisons, as well as the rooting of theories and schools of thought presented in the field of anthropology. The purpose of this book is to examine the pioneering views of anthropological studies, evolution in all its dimensions, the theory of disseminators in cultural areas, functionalism and structural functionalism, pragmatic theories, processing, and Marxist views, various aspects of relativism, structuralism and post-structuralism, postmodernist views and recent interpretations. Although this work should be regarded as an overview of anthropological theories and related problems since it lacks the details of theorists, approaches, and ideas, its very briefness of the terms and contents, its conceptual clarity and explanation have been diminished and it requires revisions.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    11
  • Issue: 

    37
  • Pages: 

    1-30
Measures: 
  • Citations: 

    0
  • Views: 

    180
  • Downloads: 

    0
Abstract: 

Cosmopolitanism is an idea according to which human beings, regardless of racial, national, religious, cultural, etc. are all citizens of a single community. On the other hand, the concept of the Islamic United Ummah also refers to the unity of human beings but is based on ideological and Islamic unity between them. From this point of view, perhaps the idea can be interpreted as a kind of Islamic cosmopolitanism. The main questions of this research are “, Which of the mentioned ideas has influenced the CONSTITUTION and the practical procedure of the Islamic Republic of Iran? ”,and “, To what extent does the ideal view of the ruling Islamic system on the issue of unity among Muslims and the establishment of a single world government, comply with international law standards? ”,The research findings, which are based on descriptive-analytical research methods and based on library and documentary studies, indicate that theoretically and practically, the Islamic Republic of Iran, while striving for the realization of a society based on the idea of a single nation and the establishment of a world Islamic government, has always considered itself committed to the principles accepted in international law, including the principle of non-interference. The importance of this research is enlightening the thoughts towards the adaptation of our country's approach to cosmopolitanism based on the united ummah with international law.

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Author(s): 

Soltani Seyyed Naser

Journal: 

Issue Info: 
  • Year: 

    2020
  • Volume: 

    19
  • Issue: 

    42
  • Pages: 

    7-30
Measures: 
  • Citations: 

    0
  • Views: 

    384
  • Downloads: 

    0
Abstract: 

The CONSTITUTIONalism idea in Iran has a historical background and battle against arbitrary since many years ago considerable efforts have been made in this respect. Since the introduction of CONSTITUTIONal Vision as one of the most important tools for bounding the extreme powers of the government in all over the world, this issue became prevalent in Iran as well. Amir Kabir and Sepahsalar were the first people in Iran who tried to write a CONSTITUTION and the CONSTITUTION as a device to beat against despotism has attracted their attention. Although Amir Kabir’, s attempts failed due to the fact that he was murdered, they were followed by other people and the first draft of CONSTITUTION was provided thanks to attempts of Yousef Khan Mostashar al-Dowleh. In spite of the marginal principles indicated in the draft by authors, they could act as an overture to further efforts and contributions. Noting the concepts of CONSTITUTION and principles of the rule of law indicated by the authors can contribute to a better understanding and recognition of these concepts. A number of concepts included in the passage need more elaboration and moreover, the passage points out some of the historical concepts of Persian CONSTITUTION Revolution which have not been well-investigated in the current CONSTITUTION of Iran. Exploring this heritage and its reflections in the CONSTITUTIONal courses is considered as one of the ways to develop and extend CONSTITUTION of Iran.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    20
  • Issue: 

    9
  • Pages: 

    401-425
Measures: 
  • Citations: 

    0
  • Views: 

    414
  • Downloads: 

    0
Abstract: 

The under review book of Homo Deus, A Brief HISTORY of Tomorrow, is the second part of the trilogy of Sapiens, Homo Deus, and 21 Lessons for the 21st Century were all written by Yuval Noah Harari. In this book, the writer has first reviewed the HISTORY behind the formation of the human mindset from Paleolithic to the renaissance with particular emphasis on the scientific revolution and appearance of the humanism paradigm and its subdivisions (liberalism, socialism, and fascism). Doing so, he concluded that the invention of the internet of everything and using more sophisticated computer-generated algorithms by Google and Facebook (Dataism) would eventually put humans aside forever. The writers of this critique compared the Farsi translation with the English one and realized that some parts of the Farsi version suffer from improper translation, and some other parts have been deleted during the translation. In addition to that, it is probable that human societies might escape from the illustrated dark future by Harari. Learning from past events, and more importantly, using our global consciousness, which we possess more than ever, might change the inevitable future.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    24
  • Issue: 

    2
  • Pages: 

    59-72
Measures: 
  • Citations: 

    0
  • Views: 

    392
  • Downloads: 

    0
Abstract: 

modernity and enlightenment is one of the major intellectual sprouts of the CONSTITUTION Age in Iran, which lead to the re-readings of most of the concepts of the past, and their re-definition based on the new attitudes and approaches of that time. Among these topics was the concept of “ HISTORY” . The intellectuals, influenced by the fundamental components of the new world such as rationalism and humanity and relying on the concepts such as “ progress” , liked to offer a new reading of the concept of HISTORY with regard to these components. This reading was conducted in an atmosphere where the new world had figured out new relationships in culture, society, politics… with peculiarities such as experimental sciences, power of criticism and rationalism and elimination of holy and lofty issues by setting up logic, something that threw a skeptical eye to most of the precedents. Therefore, it founded a new concept of the HISTORY by criticizing the previous theme of the HISTORY, which can be referred to as “ a modernistic reading of HISTORY” . By studying the texts of those ages and other related sources authored after the CONSTITUTION era and by using an interpretative-historical and content analysis method, the present article seeks to answer to the questions as to: ” What role did the new reading of the HISTORY by the modernists play in the genesis of the idea of national architectural legacy of Iran? ” , and “ What status and influence did the works of previous architects have on this issue? ” In order to answer these questions the outlook of the modernists toward the architecture remained from the past need to be examined and explored as an important pillar of the HISTORY, which makes identity. Extension of the discussion of this article encompasses the individuals who are somehow known as the modernists of the CONSTITUTION Age. The objective of this research is to study the effect of modernistic reading of the HISTORY on the “ Genesis of the idea of national architectural legacy of Iran” which is one of the outcomes of this new reading of the HISTORY. Therefore, it deals with the nature of this effect, its origins and its results in addition to studying the roots and continues toward the emergence of the idea of national architectural legacy of Iran. In order to achieve this objective, modernity is defined and the course of modernity in Iran is explored in an effort to follow the path of metamorphism of the concepts at the CONSTITUTION Age. Upon contemplation of the transformation occurred in the theme of the concept of HISTORY in the opinions of the modernists, the research studies the tendencies, which took, place in the opinions of modernists concerning the architectural works of the past and served as an evaluation of the genesis of the idea of national architectural legacy of Iran. The research also tries to show that this new attitude of the CONSTITUTION Age actually intended to confirm, record and register the historical architecture of Iran as a national Iranian legacy, notify everyone on its importance and emphasize on its conservation.

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Author(s): 

KADKHODAEI A.A.

Issue Info: 
  • Year: 

    2003
  • Volume: 

    -
  • Issue: 

    29
  • Pages: 

    257-284
Measures: 
  • Citations: 

    0
  • Views: 

    1503
  • Downloads: 

    0
Keywords: 
Abstract: 

The EU, which has its roots in the early fifties, in a short time reached nearly all aims to which the founders had refereed. Establishing the major institutions and promoting its Member States to cooperate in economic, social, political and recently in military issues, the EU is going to attain the old aspiration of the Europeans, i.e., a United States of Europe. In this regard, the conclusion of the main Treaties and providing ways and procedures for cooperation in different sections, without doubt is the cornerstone of that unity.Nowadays, the major issue which has been tackled by the lawyers and politicians, both inside and outside of the EU, is the issue of the CONSTITUTION for this intergovernmental organization as it is the illustration of the main will of the Europeans toward a likely federal states similar to that of the USA.The question of the possibility of having a CONSTITUTION may arise. Further it may be asked whether or not the early Treaties would be regarded as having such status.This Article, having in mind the importance of these Treaties, is going to find out an acceptable answer to that and in case that the answer is affirmative, the possibility of these documents to be as the EU CONSTITUTION, will be considered.  

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    14
  • Issue: 

    1
  • Pages: 

    51-74
Measures: 
  • Citations: 

    0
  • Views: 

    24
  • Downloads: 

    0
Abstract: 

Identity is recognized as a new normative concept in the CONSTITUTION, determining the main elements of the CONSTITUTION, including its type and structure. Violating this concept can undermine the validity and legitimacy of a country's CONSTITUTION. Today, the concept of identity in the CONSTITUTION and its function is a point of contention in the political and legal fields within the European Union, and it can be said that the initial discussions regarding the principle of identity in the CONSTITUTION stem from these disputes and the political and legal competencies between the Union and its member states. Some member countries use the principle of identity in the CONSTITUTION to express opposition or even resist the expansion of powers of EU-affiliated institutions. Although identity in the CONSTITUTION is a static and fixed principle, various limited or unlimited interpretations can be derived from the principle of identity in the CONSTITUTIONs of different countries. For this reason, international law has remained silent regarding the CONSTITUTIONal identities of countries. This study examines the reasons and mechanisms of the principle of identity in the CONSTITUTION, focusing on the legal representations of the CONSTITUTIONal identity of Hungary, a member state of the EU that has fundamental disagreements with the Union on issues such as immigration laws. It concludes that in unlimited identities, the content and function of CONSTITUTIONal identity can be unclear or even contradictory; however, in countries like the Islamic Republic of Iran, where identity is focused on limited principles, its function in the CONSTITUTION is prominent and clear, preventing contradictions and conflicts within the principles of the CONSTITUTION.

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