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Author(s): 

Chmielewski Adam

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    42
  • Pages: 

    205-224
Measures: 
  • Citations: 

    0
  • Views: 

    113
  • Downloads: 

    12
Abstract: 

In this paper, I address the issue of the possible applicability of the ideas of Karl R. Popper’s social and political philosophy in the contemporary political life of postcolonial countries. Through reference to the reception of Popper’s philosophy in Central and Eastern Europe, I argue that Popper’s writings were effective in catalysing the political wholesale transformation by undermining Marxists’ pretensions to scientific status rather than through his anti-utopian and anti-revolutionary political recommendations. In the context of attempts to apply Popper’s ideas in postcolonial countries, especially Sub-Saharan Africa, I claim that the influence of Popper’s social thought on the politics of those countries may not be as effective as expected or desired.

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Author(s): 

AKBARI M.A.

Issue Info: 
  • Year: 

    2007
  • Volume: 

    -
  • Issue: 

    52 (SPECIAL ISSUE ON HISTORY)
  • Pages: 

    49-76
Measures: 
  • Citations: 

    0
  • Views: 

    795
  • Downloads: 

    0
Abstract: 

The Iranian CONSTITUTIONALISM Movement entered a new phase when the Order of Constitution was issued by Qajar King Mozaffar-al-din. This phase, indeed, should be brought into consideration as the formation period of a new political system based on the state's political elites in a new sense as well as practical challenges of the political powers. In this period, lasting over the life of the first parliament, there appeared a legal formation accompanied with some phases of practical formation of a new political system. Iranians in this period EXPERIENCEd their life within a new political atmosphere wherein some behaviors as well as some historical events appeared and turned a new page in the history of Iran. Recognition of the grouping of the political powers as well as their interaction and challenges on the one hand, and, on the other, the logic of the political behavior of the political wing, is the most important issue in the political evolution of this period. That is why, in this article we try to recognize the different aspects of the nature of the political challenges in the first EXPERIENCEs of the Iranian CONSTITUTIONALISM.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    52
  • Issue: 

    2
  • Pages: 

    789-809
Measures: 
  • Citations: 

    0
  • Views: 

    201
  • 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: 

    2023
  • Volume: 

    12
  • Issue: 

    4
  • Pages: 

    159-181
Measures: 
  • Citations: 

    0
  • Views: 

    48
  • 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: 

    286
  • 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: 

    931
  • 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): 

MAGHAMI AMIR

Issue Info: 
  • Year: 

    2021
  • Volume: 

    51
  • Issue: 

    1
  • Pages: 

    117-138
Measures: 
  • Citations: 

    0
  • Views: 

    85
  • 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: 

    120
  • Downloads: 

    0
Keywords: 
Abstract: 

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Author(s): 

Mansouri Gholamreza

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    175-190
Measures: 
  • Citations: 

    0
  • Views: 

    184
  • Downloads: 

    22
Abstract: 

In some point of view, neither Michel Foucault nor Ibn Khaldun are considered philosophers in the conventional classifications, but both are very  important in intellectual and, of course, in philosophical contexts, especially for those who are interested in the deep study of human life from the perspective of political thought.The main concern of two thinkers, one in the 14th century, the other in the 20th century, is the issue  of power, although neither of them provided a precise definition of it. In this article, an attempt has been made to show the place of power and domination in the political thought of both thinkers by examining the thoughts of two thinkers. And in search of an answer to this question, how did Asabiyyah and industry of religion in Ibn Khaldun's thought and social control through self-technology and discipline in Foucault's thought lead to the expansion of the domination of power? This article is written by analytically comparing the opinions of two thinkers based on Ibn Khaldun's most important book called Muqaddimah and Foucault's late works

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Author(s): 

Haack Susan

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    29-35
Measures: 
  • Citations: 

    0
  • Views: 

    108
  • Downloads: 

    22
Abstract: 

The method of metaphysics: Metaphysics is empirical but depends not, like the sciences, on recondite EXPERIENCE but on close attention to aspects of everyday EXPERIENCE we ordinarily scarcely notice. "Real" is a broader concept than "exists" (which applies only to particulars) and also applies to phenomena, kinds, and laws, which are real, but not, of course, existent entities. But "there are real kinds, laws, etc." doesn't imply that all the kinds and laws we believe are real, are. I call my approach "Innocent Realism" because--though it's certainly not naive--it requires attending to EXPERIENCE, so far as possible, without substantial preconceptions. There is one real world, enormously varied but also integrated. It includes physical stuff, kinds, laws, etc. and, here on earth, a vast array of human artifacts, physical, social, intellectual, and imaginative, all intimately interconnected. All this requires human mindedness (a better word than "mind" because it doesn't suggest that human mentality is an organ like the heart or the liver). Rather, it's a complex congeries of dispositions and abilities: to understand even such a relatively simple thing as what's involved in someone's believing something, we need to take account of the person's dispositions to behavior, verbal and otherwise; to the neurophysiological realizations of these dispositions; and to their connections to the world and to words in the person's linguistic community--this last requiring other people's words-world connection. "Virtual" reality is just one more computer artifact, clever, no doubt, but not metaphysically startling. It's oversold, but this is advertising hype, not serious metaphysics.

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