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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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Author(s): 

KADKHODAEI A.A.

Issue Info: 
  • Year: 

    2003
  • Volume: 

    -
  • Issue: 

    29
  • Pages: 

    257-284
Measures: 
  • Citations: 

    0
  • Views: 

    1506
  • 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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Author(s): 

FAZELI HABIB ALLAH

Issue Info: 
  • Year: 

    2015
  • Volume: 

    16
  • Issue: 

    1 (61)
  • Pages: 

    3-24
Measures: 
  • Citations: 

    0
  • Views: 

    1011
  • Downloads: 

    0
Abstract: 

Cultural language in the Mashroute Constitution (1906) and its discourse is the main subject of this article, obviously the relation between language and politics in modern age is an important problem. The main idea of this article is that the main cause of political reading and wrong interpretations about language in modern age refers to “politicization” and “industrialization”.My interpretation about silence of Mashroute Constitution about language (national language) is a clear evidence about consent of parliament and all of local associations on the natural stability or language (Farsi) continuity in Iran; as a national and common heritage to all Iranian.Here are the signs of postulating of Farsi as the national language in all documents and act of parliament; especially in Constitution and other acts and documents such as the act of associations and local government (Eyalaty & Velayati).

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Author(s): 

KALHOR MOHAMMAD

Journal: 

TARIKH

Issue Info: 
  • Year: 

    2009
  • Volume: 

    4
  • Issue: 

    12
  • Pages: 

    123-140
Measures: 
  • Citations: 

    0
  • Views: 

    876
  • Downloads: 

    0
Abstract: 

In spite of passing a centaury, the debate on causes, backgrounds and outcomes of Constitution revolution of Iran is stile a new topic. Detection of new documents, the study of different viewpoints and rendering the new questions and hypothesizes have increased the motivation of researchers who have entered into this field, because rendering new diverse ideas has led to ideas judgment and dynamics. This is also true for different viewpoints of historian and researchers of the Soviet union which were based on the Stalinist chronology and in many cases, they confronted the criticism of many liberals, socialists and communists.The book "Iran revolution and the Bolsheviks of Transcaucasia" by G.C.Artonian published in 1956 which is one of the formal histories of the Stalinist chronology.The present article tries to study the Artonian's viewpoints based on Bolshevik influence on Constitution revolution of Iran and chronological induces of Stalinist dogmatism and sectarianism.

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Author(s): 

TAGHIZADEH JAVAD

Journal: 

Legal Research

Issue Info: 
  • Year: 

    2009
  • Volume: 

    -
  • Issue: 

    49
  • Pages: 

    421-459
Measures: 
  • Citations: 

    0
  • Views: 

    5337
  • Downloads: 

    0
Abstract: 

The President of the Republic in France shall be elected for five years by direct universal suffrage. Nobody may be elected more than two successive terms. The President shall be elected by an absolute majority of the votes cast. Balloting shall be begun by a writ of election issued by the Government. The election of the new President shall be held not less than twenty days and not more than thirty-five days before the expiry of the term of the President in office. In the case of a vacancy, or where the incapacity of the President is declared permanent by the Constitutional Council, the ballot for the election of the new President shall, except in the event of a finding by the Constitutional Council of force majeure, be held not less than twenty days and not more than thirty-five days after the beginning of the vacancy or the declaration that the incapacity is permanent. The death or incapacitation of each presidential candidate may under some conditions postpone the time of election celeberation and the next presidential election. If, in the seven days preceding the last day for lodging presentations of candidature, any of the persons who, less than thirty days prior to that day, have publicly announced their decision to be a candidate dies or becomes incapacitated, the Constitutional Council may decide to postpone the election. If, before the first ballot, any of the candidates dies or becomes incapacitated, the Constitutional Council shall declare the election postponed. In the event of the death or incapacitation of either of the two candidates in the lead in the first ballot before any withdrawals, the Constitutional Council shall declare that the electoral procedure must be repeated in full. The Constitutional Council shall ensure the proper conduct of the election of the President of the Republic. It shall examine complaints and shall declare the results of the vote.

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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): 

NIKOUBAKHT N. | ZARE GH.R.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    14
  • Issue: 

    54-55 (THE SPECIAL ISSUE OF THE PERSIAN LANGUAGE AND LITERATURE)
  • Pages: 

    131-149
Measures: 
  • Citations: 

    0
  • Views: 

    2845
  • Downloads: 

    0
Abstract: 

A subject of great concern in Persian poetry of the Constitution Age is the concept of 'Nation'. The correct understanding and interpretation of the message of this age, to a great extent , depends on an understanding of its position. There is a sharp difference between what the poets of this age stated and those of their predecessors. In this article, the concept of 'Nation' is examined under the two parts of Pre-Islam and Post-Islam. The Pre-Islam Iranian was well familiar with such concepts as nation, and race. However, quickly after their acceptance of Islam, their attitudes towards the concept of 'Nation' changed drastically. In general, the major meanings of 'Nation' comprise Islam world, Restoration world, place of birth, and nation world. The results of this study reveal that the conceptualization of 'Nation' in the Constitution Age Poetry must be different, even though some traditional senses of the concept prevail. 'Nation' in its new sense subsumes elements like a shift in the role of the government and people, racial and national dependencies, and Iranian identity with all its features.

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Author(s): 

MORADKHANI FARDIN

Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    4
  • Pages: 

    235-267
Measures: 
  • Citations: 

    0
  • Views: 

    182
  • Downloads: 

    0
Abstract: 

The Constitution as an important document in a legal system is a very complex concept with hidden layers. Constitutional experience in the last two centuries has shown that this concept, in addition to the text and the principles written on paper, also has unwritten layers and principles that arise in practice and in practice by political actors. If these principles and layers are ignored, there will be a deep gap between the reality of a community and the words of the text. Thus, the text of the Constitution remains unchanged and political developments ignore it. This article has attempted to examine where these principles originate and Where does the history of this debate and its origins go. Some of the most important layers of the Constitution that do not appear in the text are also explained for example: Constitutional convention, Constitutional custom, Quasi Constitution, Super-statutes, Supra Constitution, Extra-Constitutional.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    115-136
Measures: 
  • Citations: 

    0
  • Views: 

    2802
  • Downloads: 

    0
Abstract: 

Constitutional Revolution caused new concepts, which had not been common before, to emerge, revolutionizing, in turn, the social and political institutions. These changes transformed the mental structures of those social classes that were the new audience in these trends. This discourse led to entire changes in the meaning and language of poetry. Thus, those words and combinations, announced time and place, and events that had not been employed in traditional poetry, entered poetry, and, as a result, changed its overall style. The social changes of this era brought a new life into the Persian literature. These newly emerged literary works were, in fact, in a way or other, capturing the western civilization not being captured by it.

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Author(s): 

GHAFAR SAMAR R.

Issue Info: 
  • Year: 

    2007
  • Volume: 

    14
  • Issue: 

    1
  • Pages: 

    55-67
Measures: 
  • Citations: 

    0
  • Views: 

    934
  • Downloads: 

    0
Abstract: 

Section 115 of Iranian Constitution reads: "The president should be among the political, religious 'rejal' ...". The word 'rejal'taken from Arabic language means 'men'. Some Iranian politicians believe that the word has the same meaning in Persian, therefore, women cannot lead the country as presidents; while, others argue that 'rejar can now refer to both sexes, therefore women can be elected as presidents. This, study tackles the issue from a sociolinguistic perspective. To do this, we need to find if the word 'rejal' is now a Persian word borrowed from Arabic, or, it is an Arabic word to which Persian speakers switch. About eleven hours of sociolinguistic interviews were conducted with 10 Persian speakers and all nouns (Arabic or Persian) were extracted from the data and later subjected to analyses to describe the linguistic behavior of each category in its own context. Then the behavior of nouns in each context is compared to that of the other contexts. Our findings show that Arabic origin nouns are found to be behaving like Persian nouns, they have, therefore, been borrowed into Persian and have Persian connotations and functions. Evidence is, therefore, presented to the 'Persianness' of 'rejal', shedding scientific light on a political problem.

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