The concept of the constitution in the minds of constitutional experts Iran

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DARAEI ALI; MASHHADI ALI; Gharalghi Sedigheh

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2021 | Volume:51 | Issue:3 Page(s): 1267-1287

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Title

The concept of the constitution in the minds of constitutional experts Iran

Author(s)

DARAEI ALI | MASHHADI ALI | Gharalghi Sedigheh | Issue Writer Certificate

Keywords

History of Constitutional Rights

Constitutional Experts

Concept of the Constitution

Content of the Constitution

Details of the Negotiations

Abstract

Constitutionalism in recent centuries has sought to establish the constitution with new goals. In this sense, constitutionalism gives the constitution a modern meaning and content. Based on this, it is very important to know what perceptions the authors of the constitution had on concept and Content of the Constitution in 1979. Therefore, relying on descriptive-analytical methods, the authors have tried to explain the theoretical foundations of constitutionalism by extracting, explaining, and describing the details of the 1979 negotiations. These perceptions are: reductionist, Islamist or a variety of perceptions of Islamic government, value-oriented, idealistic, contentoriented or legal and modern, cosmopolitan, and task-oriented. The basic premise of this article is based on the fact that it seems that there has been a multiplicity of interpretations of the concept and Content of the Constitution in the minds of Constitutional Experts in 1979. In other words, among the various views in the Assembly of Experts for Constitution, the ideological and revolutionary views have prevailed, because in addition to legal readings, these non-legal readings also stood out in this force. On the other hand, the product of the attitude of Constitutional Experts in the texts approving the constitution was often a legal and modern interpretation, although the value-oriented interpretation was evident in the preamble to the constitution.

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APA: Copy

DARAEI, ALI, MASHHADI, ALI, & Gharalghi, Sedigheh. (2021). The concept of the constitution in the minds of constitutional experts Iran. PUBLIC LAW STUDIES QUARTERLY, 51(3 ), 1267-1287. SID. https://sid.ir/paper/1052237/en

Vancouver: Copy

DARAEI ALI, MASHHADI ALI, Gharalghi Sedigheh. The concept of the constitution in the minds of constitutional experts Iran. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2021;51(3 ):1267-1287. Available from: https://sid.ir/paper/1052237/en

IEEE: Copy

ALI DARAEI, ALI MASHHADI, and Sedigheh Gharalghi, “The concept of the constitution in the minds of constitutional experts Iran,” PUBLIC LAW STUDIES QUARTERLY, vol. 51, no. 3 , pp. 1267–1287, 2021, [Online]. Available: https://sid.ir/paper/1052237/en

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