نوع مقاله : مقاله پژوهشی
نویسنده
فارغ التحصیل دکتری، گروه حقوق عمومی، دانشکده حقوق، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Relying on Habermas's theory of the public sphere, this study analyzes the structural obstacles to the realization of the public sphere in Iran's legal system. In response to the central question of what the most significant legal barriers to the formation of a public sphere in the Islamic Republic of Iran's system are, the findings indicate that the dominance of a "perfectionist approach" in interpreting the Constitution—centered around a "guiding state" and the prioritization of the "good" over the "right"—has led to three intertwined crises: A legitimacy crisis arising from the disconnection of the legal system from the political will of the people. A sovereignty crisis resulting from the colonization of the lifeworld by the system through extensive Juridification, and A discourse crisis influenced by the rejection of pluralism and the violation of procedural principles of rational dialogue. This triad of crises has brought the public sphere to the brink of dissolution into the state sphere and blocked the bottom-up circulation of power. By analyzing these structural challenges, the present study proposes a transition from the perfectionist paradigm to a model based on state neutrality, the guarantee of public discourse principles, and the recognition of plurality as essential conditions for revitalizing the public sphere and reproducing legitimacy in Iran's political system. This research employs an analytical-descriptive method through qualitative content analysis of legal texts and library resources.
کلیدواژهها [English]
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