نوع مقاله : مقاله علمی - پژوهشی
نویسندگان
1 دانشیار گروه حقوق خصوصی و اسلامی دانشکدۀ حقوق دانشگاه قم، قم، ایران
2 دانشجوی دکتری حقوق عمومی، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The establishment of modern government institutions in the context of jurisprudential concepts in the Constitution of the Islamic Republic of Iran has raised questions about the nature and effects of some of them. Among these, the nature of “Wilāyah”(Guardianship), which has long been discussed in jurisprudence; in recent decades, the following two theories of “selection” or “appointment” have emerged. The question of the nature of the relationship between government and people in this theory is one of the most important questions to be asked. Therefore, examining the relationship between “province” and “political representation” is the main issue and purpose of this article. This will be done by analytical, descriptive and comparative methods. The findings of this study show that “Wilāyah”(Guardianship), and “political representation” have undergone different developments and are rooted in the history and principles of inequality; And therefore, from a theological and jurisprudential point of view, they have obvious differences in different aspects; But in the system of subject law, and the Constitution of the Islamic Republic of Iran, in terms of reliance on the public will and the rule of law, have major similarities; In this way, the institution of “Wilāyah”(Guardianship), in the constitution can be considered as a special form of committed political representation and focused on moral life.
کلیدواژهها [English]
الف) فارسی
ب) انگلیسی
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