Evaluation of the dynamics of the Constitution of the Islamic Republic of Iran

Document Type : Original Article

Authors

1 Assistant Professor of Public Law, Allameh Tabatabai University, Tehran, Iran

2 PhD Student in Public Law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.

10.52547/jlr.2023.229457.2367

Abstract

The dynamic constitution is one of the fundamental issues in modern constitutional law systems, from the theoretical basis of justification and the presentation of its practical mechanisms, which tries to bring yesterday's constitution together with today's values without changing the existence of the legal-political order and system based on order-oriented values. To meet the renewed demands of citizens. Therefore, the main question in this article is what is meant by the dynamic constitution and the mechanisms of its realization and what is its place in the constitutional law system of the Islamic Republic of Iran? The findings of this research, with the method of collecting data through a library and descriptive-analytical method and checking legal and official texts and documents, show that the dynamics of the constitution is generally possible in four ways: revision, interpretation, unwritten principles and basic proceedings, which can be done depending on the type of legal-political systems. Take advantage of each of them. Also, the reflection on the domestic constitutional law indicates that by emphasizing the difficulty of the revision process in the constitution, the lack of application of the hermeneutic interpretation method by the official interpreter and finally the danger of resorting to unwritten principles in fragile democracies, the realization of the dynamics of the constitution in the legal order and system of The interior should be searched in the constitutional adjudication.

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History

  • Receive Date: 12 November 2022
  • Revise Date: 21 February 2023
  • Accept Date: 29 May 2023

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