FRAMED UNDERSTANDING, CONSISTENCY AND INTERPRETATION OF THE CONSTITUTION WITH EMPHASIS ON THE LAST PARAGRAPH OF PRINCIPLE 4

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ASLANI FIROUZ; MOHAMMADI REZA; TALABAKI AKBAR

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2016 | Volume:5 | Issue:15 Page(s): 27-53

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Information Journal Paper

Title

FRAMED UNDERSTANDING, CONSISTENCY AND INTERPRETATION OF THE CONSTITUTION WITH EMPHASIS ON THE LAST PARAGRAPH OF PRINCIPLE 4

Author(s)

ASLANI FIROUZ | MOHAMMADI REZA | TALABAKI AKBAR | Issue Writer Certificate

Keywords

PRINCIPLE 4

CONSTITUTIONAL INTERPRETATION

CONSISTENCY OF LAWS WITH SHARIA

GUARDIAN COUNCIL

UNDERSTANDING OF THE JURISTS OF THE GUARDIAN COUNCIL

Abstract

Preserving the Constitution of the Islamic Republic of Iran and its Islamic nature is the unique role of the GUARDIAN COUNCIL. According to the last paragraph of PRINCIPLE 4 of the Constitution, determining the consistency of the laws with Islam is devolved to the jurists of the GUARDIAN COUNCIL and CONSTITUTIONAL INTERPRETATION to the whole members of this council in accordance with principle 98. Important to examine the efficacy of the last paragraph of PRINCIPLE 4 and principle 98 of the Constitution regarding the legitimacy of the GUARDIAN COUNCIL and Framed Understanding, consistency of the laws with Islam and CONSTITUTIONAL INTERPRETATION. This article through a descriptive-analytic method examines the inefficiency reasons and doubts including the Circle doubt regarding the legitimacy of the GUARDIAN COUNCIL and addresses the responses. In addition, the hermeneutic is considered in the Constitution and besides proving the impossibility of imposing understanding, personal views and subjective assumptions contrary to the criteria, the approach of the GUARDIAN COUNCIL is a kind of purposive and intentional originalism. Having mentioned the problems of devolving the Constitutional consistency of the laws to the authorities on matters of religion (Marja’-e-Taqlid), the uniqueness of the GUARDIAN COUNCIL in understanding, implementing and interpreting the Constitution has caused that a committed expert of collective wisdom is in charge of CONSTITUTIONAL INTERPRETATION.

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APA: Copy

ASLANI, FIROUZ, MOHAMMADI, REZA, & TALABAKI, AKBAR. (2016). FRAMED UNDERSTANDING, CONSISTENCY AND INTERPRETATION OF THE CONSTITUTION WITH EMPHASIS ON THE LAST PARAGRAPH OF PRINCIPLE 4. JOURNAL OF PUBLIC LAW KNOWLEDGE, 5(15 ), 27-53. SID. https://sid.ir/paper/267113/en

Vancouver: Copy

ASLANI FIROUZ, MOHAMMADI REZA, TALABAKI AKBAR. FRAMED UNDERSTANDING, CONSISTENCY AND INTERPRETATION OF THE CONSTITUTION WITH EMPHASIS ON THE LAST PARAGRAPH OF PRINCIPLE 4. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2016;5(15 ):27-53. Available from: https://sid.ir/paper/267113/en

IEEE: Copy

FIROUZ ASLANI, REZA MOHAMMADI, and AKBAR TALABAKI, “FRAMED UNDERSTANDING, CONSISTENCY AND INTERPRETATION OF THE CONSTITUTION WITH EMPHASIS ON THE LAST PARAGRAPH OF PRINCIPLE 4,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 5, no. 15 , pp. 27–53, 2016, [Online]. Available: https://sid.ir/paper/267113/en

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