Feasibility of the Role of People in the Constitutional Review Initiative; Reflection on Iranian Constitution's Capacity

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Nikoonahad Hamed; Modarres Seyyed Abdolsaeed

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2020 | Volume:50 | Issue:2 Page(s): 837-857

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Information Journal Paper

Title

Feasibility of the Role of People in the Constitutional Review Initiative; Reflection on Iranian Constitution's Capacity

Author(s)

Nikoonahad Hamed | Modarres Seyyed Abdolsaeed | Issue Writer Certificate

Keywords

Revision InitiativeQ1

Revision of the ConstitutionQ1

Proposed ReviewQ1

Right to Self-DeterminationQ2

Sovereignty of the PeopleQ1

Abstract

The constitution is described as the supreme social covenant, whose effectiveness and accountability require prediction of a review mechanism. For this purpose, the Islamic Republic of Iran Constitution sets out a mechanism for revision in Article 177 that is significant in terms of the role of the people in this process. The motivation for writing the present paper was to answer the question: What capacities have the Constitution of the Islamic Republic for the role of people in the Constitutional Review initiation? In response, it should be said that Article 177 merely considers the Supreme Leader to be competent to review initiative. However, in this paper, in a descriptive and analytical way, examining the fundamentals of people's participation in the Revision Initiative from the perspective of the fundamental rights set in the constitution, which implies the Sovereignty of the People, as well as the reflection of the basic legislative and loyalties of the present Constitution to strengthen the role of the people in the Constitutional Review and with loyalty to the current Constitution, steps have been taken to strengthen the role of the people in the Constitutional Review Initiative by parliamentarians or presidents. The findings of this research indicate that the divine and inalienable right to social self-determination, the public duty of all people to Enjoy the Good and Forbid the Evil, and moreover, the duty of the Muslim Nation in the construction of the Islamic Community, have provided the legal capacity which is necessary to increase the people's role.

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APA: Copy

Nikoonahad, Hamed, & Modarres, Seyyed Abdolsaeed. (2020). Feasibility of the Role of People in the Constitutional Review Initiative; Reflection on Iranian Constitution's Capacity. PUBLIC LAW STUDIES QUARTERLY, 50(2 ), 837-857. SID. https://sid.ir/paper/251159/en

Vancouver: Copy

Nikoonahad Hamed, Modarres Seyyed Abdolsaeed. Feasibility of the Role of People in the Constitutional Review Initiative; Reflection on Iranian Constitution's Capacity. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2020;50(2 ):837-857. Available from: https://sid.ir/paper/251159/en

IEEE: Copy

Hamed Nikoonahad, and Seyyed Abdolsaeed Modarres, “Feasibility of the Role of People in the Constitutional Review Initiative; Reflection on Iranian Constitution's Capacity,” PUBLIC LAW STUDIES QUARTERLY, vol. 50, no. 2 , pp. 837–857, 2020, [Online]. Available: https://sid.ir/paper/251159/en

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