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Information Journal Paper

Title

THE EFFECT OF LEGAL THOUGHTS ON THE FORMATION OF CONSTITUTION IN ISLAMIC AND WESTERN LAW WITH AN EMPHASIS ON THE SHAHID BEHESHTI THOUGHT

Pages

  93-116

Abstract

CONSTITUTION is the most important document in the legal and political communities. In this article, the basis of jurisdiction and authorities and their fundamental rights will be elaborated. Legal theories played a great role in the formation of such an important document. The authors studied comparatively on influences of LEGAL THOUGHTS in Islam and the West on the formation of CONSTITUTIONs. So we analysis the Western European tradition: the ideas of Aristotle, Montesquieu, Jean Jacques Rousseau and John Locke…then the opinions of Muslim thinkers like, Abu Nasr Farabi, Allama Naini, Sheikh Fazlullah Nuri, al-Sadr has been analyzed. Finally, the influence of Shahid Beheshti ideas and opinions on the CONSTITUTION of the Islamic Republic of Iran has been explained. The basic assumption of this article is based on the belief that the formation and modification of the basic rules of governance are directly influenced by government and state Theories.

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    APA: Copy

    MASHADI, ALI, & JALILI MORAD, AYATOLLAH. (2016). THE EFFECT OF LEGAL THOUGHTS ON THE FORMATION OF CONSTITUTION IN ISLAMIC AND WESTERN LAW WITH AN EMPHASIS ON THE SHAHID BEHESHTI THOUGHT. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 2(4), 93-116. SID. https://sid.ir/paper/262072/en

    Vancouver: Copy

    MASHADI ALI, JALILI MORAD AYATOLLAH. THE EFFECT OF LEGAL THOUGHTS ON THE FORMATION OF CONSTITUTION IN ISLAMIC AND WESTERN LAW WITH AN EMPHASIS ON THE SHAHID BEHESHTI THOUGHT. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2016;2(4):93-116. Available from: https://sid.ir/paper/262072/en

    IEEE: Copy

    ALI MASHADI, and AYATOLLAH JALILI MORAD, “THE EFFECT OF LEGAL THOUGHTS ON THE FORMATION OF CONSTITUTION IN ISLAMIC AND WESTERN LAW WITH AN EMPHASIS ON THE SHAHID BEHESHTI THOUGHT,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 2, no. 4, pp. 93–116, 2016, [Online]. Available: https://sid.ir/paper/262072/en

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