Sovereignty as the Aesthetic; A Theological Attitude to A Secular Concept ''The misconception of the National Sovereignty in the Constitution of the Islamic Republic of Iran''

Document Type : Original Article

Author

Department of Law. Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran.

10.22034/jlr.2022.227388.2227

Abstract

The present article seeks to explain the Iranian understanding of national sovereignty and consider precisely the obstacles and the legal implications arising from them. To achieve this aim, it begins with theoretical introductions to "new concepts and linguistic scattering" and the "combination and interaction of socio-political forces" that have overshadowed the concept of sovereignty. It then considers the texts of the two constitutions (Constitutions of 1906 and 1979) as the formal conception of sovereignty and how the constitution was shaped in a historical context. In the meantime, it provides an opportunity to look at legal-political writings and add depth to the discussion. It will then enter into historical developments, including the three stages of thematic design to understand sovereignty based on monarchy, the consolidation of the national sovereignty term and constancy to it in the terrain of legal analysis, and the dualistic aesthetic reading of the therm. The method used in this article is a historical-analytical one. The mutual relationship between prolegomena as knowledge (the theoretical) and developments as historical context (the concrete) revives to achieve its object. The end of that will open a closure to consider the present constitution and understand its fundamental defects.

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Articles in Press, Accepted Manuscript
Available Online from 26 June 2022
  • Receive Date: 08 June 2022
  • Revise Date: 02 October 2023
  • Accept Date: 26 June 2022