The moderate extent of the functioning of the law in the general law of ‎Iran and the West “government or sovereignty”‎

Document Type : Research Paper

Authors

Department of Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran‎

Abstract

Examining the process of constitutionalism in Iran shows that the intellectual currents and thoughts related to the law and legalism of that time, not only could not limit the power of the law-abiding system of the monarchy, but it was also the tyranny that With relatively long survival after the constitution, it blocked the way for any evolution and maturity of the fundamental concept of law and its place in the control of government affairs. The debate that finally ended with the collapse of the authoritarian system after the Islamic revolution has left this tradition of thought, which is the main specialty of the Legislative Assembly in general issues of society. However, by reflecting on the contemporary jurisprudential thoughts as well as the intellectual developments of recent centuries, the concept of law in the West can be seen that the rule of law no longer means that the legislator wants to enact any law, nor necessarily any text that The approval of the legislator is called a law. Therefore, assuming that there is a significant difference between the intellectual thoughts of the constitutional era and the current public law in relation to the concept and functional scope of the law, the conducted research tries to analyze the related documents and information data using the method libraries have been collected, to this question that in the public law of our country, to what extent is the interference of the law in controlling the authorities of the government, and basically, how far is the moderation of this interference? Give a logical answer.

Keywords

Main Subjects

References

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Comparative Law Review
Volume 15, Issue 1
Espring & Summer
July 2024
Pages 227-265

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