Quarrel of the Terms in Compiling the Constitution: The Motifs for Using Equivocal & Paradoxical Terms

Document Type : Original Article

Author

Assistant professor in public law, university of Tehran, Qom, Iran

Abstract

The legislators primarily aim to compile clear and unambiguous rules; however, it is in some cases inevitable to use equivocal and paradoxical terms. The reasons for such an occurrence are galore. In the present study, this subject was investigated in the Iranian Constitution since prior to Constitutional Revolution to the present time, and some examples were brought. In each case, the basis of the equivocality and representation in constitution was separately investigated and the motives were discussed. One of the aspects of using such terms indicated the lack of unanimity among the working groups over using the clear and unambiguous terms insofar as no conclusion has been drawn in socio-political discussions, and no unanimity over the conflicts has been reached. Therefore, ambiguity of the socio-political level has entered into a legal level and has affected the legal texts. In other words, members of working political groups haven't still come upon an agreed solution for the controversial issues, and choosing each way solely will satisfy one of the parties, resulting in an imbalance of powers in favor of one party. Hence, solving such a controversy is achieved through delaying precise expression of the will by each party and postponing the decision-making over the issue, all of which is earned by using equivocal phrases and silencing the issue; discussing such issues will result in the futility of the Constitution. The article ultimately recommended that jurists take into account the principle of silence and equivocality in constitution,

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References

  1. Articels

     

    1.Sofia Ranchordás & Mattis van ‘t Schip،" Future-Proofing Legislation for the Digital Age”,2019 , Available at SSRN: https://ssrn.com/abstract=3466161

    1. Kaal, Wulf A., “Dynamic Regulation for Innovation.Perspectives in Law, Business &  Innovation”New York Springer ,2016 , U of St. Thomas (Minnesota) Legal Studies Research Paper No. 16-22, Available at SSRN: https://ssrn.com/abstract=2831040

    3.Rycroft.j, “Time and technological innovation: Implications for public policy”, Technology in Society 28(3):281-301,2006.

    4.Mandel GN,”Regulating emerging technologies” Law, Innovation and Technology 1(1):75-92. 2009.

    5.Brownsword R, Somsen H,”Innovation and technology: Before we fast forward–a forum for debate”, Law, Innovation and Technology 1(1):1-75,2009.

    6.Carter,B & Marchant,E, “Principles-Based Regulation and Emerging Technology”, International Library of Ethics, Law and Technology, , vol:7,157-166. 2011.

    7.Leonard,P, “The Innovation Principle”, Outlooks on Pest Management 27(2):77-77,2016.

    8.Butenko,A and Larouche,P, “Regulation for Innovativeness or Regulation of Innovation?”, TILEC Discussion Paper No007, Available at SSRN: https://ssrn.com/abstract=2584863 ,2015

    • کتب انگلیسی

    1.Ayres and John Braithwaite,Responsive Regulation:” Transcending the Deregulation Debate ,Oxford University Press, 1992.

    1. Susskind, R, “The future of law”,Oxford University Press,1996.

    3.Brownsword.R,”Rights, regulation and the technological revolution.” Oxford University Press, Oxford,2008.

     

    4.Brownsword R, Goodwin M,”Law and technologies of the twenty-first century”,Cambridge University Press, Cambridge, 2012

     

    5.Collingridge,D, “The Social Control of Technology”,New York: St. Martin's Press, 1980, Published online by Cambridge University Press:  01 August 2014

     

    سایت های انگلیسی:

     

    1https://www.eesc.europa.eu/en/news-media/news/future-proof-legislation

    2https://www.forbes.com/sites/adamthierer/2012/03/25/sunsetting-technology-regulation-applying-   moores-law-to-washington/

    3.https://ec.europa.eu/info/research-and-innovation/strategy/support-policy-making/shaping-eu-research-and-innovation policy/foresight_en#latest

    4.https://ec.europa.eu/info/research-and-innovation/funding/funding-opportunities/funding-5.programmes-and-open-calls/horizon-europe_en

    6.https://knowledge4policy.ec.europa.eu/foresight/tool/scenario-exploration-system-ses_en

     

     

     

     

     

     

     

     

     

     

     

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History

  • Receive Date: 12 December 2021
  • Revise Date: 23 May 2022
  • Accept Date: 06 June 2022

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