A SURVEY ON THE PLACE OF NATURAL INDIVIDUAL RIGHTS IN CONSTITUTION

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Afsordeh Ataollah; JALALPOUR SHIVA; AMERI GOLESTANI HAMED

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Journal: RESEARCH LETTER OF POLITICAL SCIENSE Year:2018 | Volume:13 | Issue:3 (53) Page(s): 7-36

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Information Journal Paper

Title

A SURVEY ON THE PLACE OF NATURAL INDIVIDUAL RIGHTS IN CONSTITUTION

Author(s)

Afsordeh Ataollah | JALALPOUR SHIVA | AMERI GOLESTANI HAMED | Issue Writer Certificate

Keywords

Natural RightsQ2

Religious LawQ1

Individual RightsQ1

ConstitutionQ2

ConstitutionalismQ2

Abstract

Individual Rights are one of the most important topics in new political and legal thought. Definition of Natural Rights for individuals transformed the place of these rights in the political and intellectual systems, and issues such as: individual freedoms, freedom of speech, freedom of assembly, political and social equality, and so on were placed at the top of principles of different countries’ Constitutions. In Iran, too, new concepts have emerged since the Qajar era. First, this happened in political and critical writings, and finally in the supplementary of the Persian Constitution. The principles supplementary to the Constitution have addressed these freedoms under the section of “ Nation Rights” . Individual Rights in the Constitutional era were subjected to the comprehensive discourse of legal positivism which had emerged during the Constitutional era. In the articulation, concepts like freedom and equality were signifiers that were placed along with other signifiers like legal positivism and Constitutionalism in the discourse of Constitutionalism. In the present paper, this articulation is investigated through Laclau and Mouffe’ s discourse theory. The main hypothesis of this paper is that the development of the idea of freedom and equality before the Constitutional revolution played an important role in the formation of the discourse of Constitutionalism, and that conflicts arose over its relation to Religious Law during the Constitutional era.

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APA: Copy

Afsordeh, Ataollah, JALALPOUR, SHIVA, & AMERI GOLESTANI, HAMED. (2018). A SURVEY ON THE PLACE OF NATURAL INDIVIDUAL RIGHTS IN CONSTITUTION. RESEARCH LETTER OF POLITICAL SCIENSE, 13(3 (53) ), 7-36. SID. https://sid.ir/paper/370866/en

Vancouver: Copy

Afsordeh Ataollah, JALALPOUR SHIVA, AMERI GOLESTANI HAMED. A SURVEY ON THE PLACE OF NATURAL INDIVIDUAL RIGHTS IN CONSTITUTION. RESEARCH LETTER OF POLITICAL SCIENSE[Internet]. 2018;13(3 (53) ):7-36. Available from: https://sid.ir/paper/370866/en

IEEE: Copy

Ataollah Afsordeh, SHIVA JALALPOUR, and HAMED AMERI GOLESTANI, “A SURVEY ON THE PLACE OF NATURAL INDIVIDUAL RIGHTS IN CONSTITUTION,” RESEARCH LETTER OF POLITICAL SCIENSE, vol. 13, no. 3 (53) , pp. 7–36, 2018, [Online]. Available: https://sid.ir/paper/370866/en

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