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Issue Info: 
  • Year: 

    2022
  • Volume: 

    52
  • Issue: 

    2
  • Pages: 

    789-809
Measures: 
  • Citations: 

    0
  • Views: 

    232
  • Downloads: 

    0
Abstract: 

Constitutionalism in criminal procedure implies that the principles and frameworks of criminal procedure are determined by the Constitution with which other statutes and regulations should comply. In this context, the Constitution involves both codified and uncodified constitutional rules. Because of the constitution’, s place in the legal system, constitutionalism in criminal procedure, protects basic human rights and prevents the criminal justice system from abusing its powers. Judicial independence, legislative independence and constitutional review are mechanisms by which constitutionalism in criminal procedure is ensured. Based on various principles enshrined in the Iranian Constitution, it could be argued that constitutionalism in criminal procedure has been accepted in Iran's legal system.

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Author(s): 

Fathollahi Mohammad Ali

Issue Info: 
  • Year: 

    2024
  • Volume: 

    12
  • Issue: 

    4
  • Pages: 

    159-181
Measures: 
  • Citations: 

    0
  • Views: 

    53
  • Downloads: 

    0
Abstract: 

Political imagination is political identification and constitutionalism can be considered as the beginning of scientific imagination in Iranian politics. Imagination works by creating doubt, which is a form of political and social education, and of course, it is accompanied by criticism and leads to creativity. The imagination of constitutionalism was also to create doubt. Constitutionalism had the nature of humanities and it was for the society to be governed by humanities. Management with humanities in constitutionalism can be called the line of national resistance, which was especially meaningful against British colonial interventions. Even though constitutionalism preceded the democratic foundations in Iran's political history, it led to failure, and of course it provided the basis for the next movements of the Iranian nation. The victory of the Iranian Islamic Revolution caused a deeper view of constitutionalism to be formed. But the Islamic revolution cannot be considered as another experience of constitutionalism.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    21
  • Issue: 

    2 (52)
  • Pages: 

    319-344
Measures: 
  • Citations: 

    0
  • Views: 

    306
  • Downloads: 

    0
Abstract: 

The constitutionalism theory attempts as a means to limiting the powers of government and to constrained constituent power to protect certain fundamental values that are well defined. This theory primarily be traced back and legitimated through the national’ s Constitution but contemporary developments in international law surrounding the question of this idea can be plausible beyond domestic level or not. This article with descriptive and analytical approach evaluates the issue of constitutionalism at the national and international levels. The main idea in this article is that the constitutionalism is not is not belong to the national arena but also it’ s stepped into supranational and international fields, though, this is not deny the differences in function and efficiency of constitutionalism in such levels. International law has developed several concepts such as jus cogens which is accepted by the international community as a norm from which no derogation is permitted therein, the validity of other norms are subject to the compatibility with these principles. However, despite the quasi-constitutional concepts in international law, indetermination applications, and more importantly, uncertain of the body whose identify and enforced them has caused them less efficient.

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Author(s): 

NAJAFI MOUSA

Journal: 

JOSTARHA-YE TARIXI

Issue Info: 
  • Year: 

    2007
  • Volume: 

    19
  • Issue: 

    4 (60)
  • Pages: 

    231-262
Measures: 
  • Citations: 

    0
  • Views: 

    943
  • Downloads: 

    0
Keywords: 
Abstract: 

The tradition of constitutionalism started off in the latter years of the nineteenth century and gained victory one hundred years ago. Many historians have studied about this movement, but there are still many aspects that need to be studied deeply. One of the unknown subjects is the role of Iranian cities in the Constitutionalism.The present article, by taking into historical documents and texts, tries to illuminate the role of Isfahan and Bakhtiyari in the Constitutionalism movment.

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Author(s): 

Godeiro Gabriel Diniz De Azevedo | Moreira Thiago Oliveira

Issue Info: 
  • Year: 

    2023
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    6-22
Measures: 
  • Citations: 

    0
  • Views: 

    3
  • Downloads: 

    0
Abstract: 

In the current globalized scenario, in view of the existence of phenomena and dynamics that go beyond state territories, of the integration of States in supranational and globally considered political systems, it is possible to perceive the emergence of new forms of political-legal organization in the international community that raise constitutionals conceptions beyond the classical perspective of the State-centered Constitution Theory. Thus, in view of the manifestation of a quantitative and qualitative growth of international law based on the identification of constitutional elements, an issue that has been gaining importance in debates and in the internationalist agenda, the problem to be developed asks: how is the development of Global Constitutionalism composed? considering the common challenges of the globalized world that transcend state borders, the confusion between external and internal limits, as well as the transformations of law in the international order, it is necessary to analyze the present content due to the need to point out directions by where you can tread the reflection in relation to the development of Global Constitutionalism. In this sense, the present study intends to find theoretical trends that compose the identification of the development process of the Global Constitutionalism paradigm. To answer the exposed problem, some objectives need to be achieved. Initially, an overview of the perspective of classical constitutional theory will be carried out. Then, we move on to the observation of the manifestation of Constitutionalism beyond the State. Finally, trends and aspects of the development of Global Constitutionalism will be examined.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    55
  • Issue: 

    2
  • Pages: 

    1193-1213
Measures: 
  • Citations: 

    0
  • Views: 

    3
  • Downloads: 

    0
Abstract: 

The collective life of individuals has always been intertwined with a concept known as power, which has been reflected in the governance of states over the past few centuries. In recent decades, manifestations of governance have gradually diversified, and alongside states, multinational corporations and platforms (internet platforms) are also considered sources of power. Studying the legal dimensions of power and how it is established and regulated is a hallmark of the field of constitutional law. Previously, due to the close relationship between power and the concept of the state, constitutionalism was also viewed as a state-centered ideology. However, the necessity of redefining power and separating it from its modern origin (the state) has led classical constitutionalism to recognize new power holders in constitutional law – in our discussion, digital actors – and to equip itself with a responsive discourse in this regard. In this discourse, state-centrism must give way to community-oriented perspectives, and numerous normative documents should regulate alongside constitutional laws. Community-oriented constitutionalism views society as composed of systems such as economy, politics, technology, and law, each of which, despite having its own rules and domains, is inevitably connected to its surrounding environment. This research aims to discuss the relationship between constitutional law and the digital realm and to answer the question of how digital actors can be incorporated into this process while maintaining the core of constitutionalism. The main finding is the introduction of the concept of community-oriented constitutionalism as a theoretical basis compatible with the governance of digital actors, from which a new domain called digital constitutionalism emerges.

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Author(s): 

MAGHAMI AMIR

Issue Info: 
  • Year: 

    2021
  • Volume: 

    51
  • Issue: 

    1
  • Pages: 

    117-138
Measures: 
  • Citations: 

    0
  • Views: 

    101
  • Downloads: 

    0
Abstract: 

International law as domestic legal systems may not has a codified constitution, but it can use constitutionalist approach in reading and interpretation of its rules. This paper studied how can recognize this approach, its hidden values and legal consequences, then introduce various tools and shows that natural law has an important role in strengthening constitutional approach, also international courts can apply rational intuitionist approaches to recognize constitutional norms. This study by descriptive research method concludes that recognition of constitutional values and norms is by rereading contractual and customary norms, and it affects general reading and understanding of legal order.

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Author(s): 

ZAREI MEHRVARZ ABBAS

Issue Info: 
  • Year: 

    2009
  • Volume: 

    -
  • Issue: 

    25
  • Pages: 

    22-24
Measures: 
  • Citations: 

    1
  • Views: 

    124
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Ratto Trabucco Fabio

Issue Info: 
  • Year: 

    2023
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    175-182
Measures: 
  • Citations: 

    0
  • Views: 

    4
  • Downloads: 

    0
Abstract: 

The European microstates offer a notable lesson for both constitutional law and, generally speaking, the theory of state. The article analyzes this typology of state with a comparative method about constitutionalism of them. Indeed, in the 19th century, the concept of state was related, according to these disciplines and Hegel’s thought, not only to power, i. e. state power itself but also to “outward power”, that is authority at the international level. It is well known that our understanding of state power has changed since then. But, if a key factor in guaranteeing independence at the international level occurred to be might rather than power, something microstates are not familiar with. The result of the contribution is that European microstates teach us a precious lesson: the state is not only a question of power but also of might, the last one understood as the power to perform at the international level.

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Journal: 

TARIKH

Issue Info: 
  • Year: 

    2011
  • Volume: 

    6
  • Issue: 

    20
  • Pages: 

    24-53
Measures: 
  • Citations: 

    0
  • Views: 

    3085
  • Downloads: 

    0
Abstract: 

Constitutionalism is one of the most important events in Hong history of Iran. Desire for freedom, justice and peoples mastery over their destiny and enjoying the law and parliament and living according to it, are among the reasons which Iranian welcomed this determining movement. This change took place under a great endeavor and had effects on all aspects of society including poetry and literature. The Poets too accompanied people through newspapers and public and political association and encouraged and stimulated the awakened people. malekal shoar bahar as distinguished politician, researcher, and poet is considered as on of the fruits of Iranian constitutionalism that used his word and pen as an effective weapon in the direction of freedom. He showed his Sensitivity to the social events and enjoyed his genius for awakening the people and the; has been effected by social and political events and as a poet, political activist, and intellectual, has emphasized the leading of the society in direction of freedom and progress. In this paper with a look to the life and works of this poet by using library method we study his effective position in constitutionalism movement of Iranians.

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