Explaining the Reasons for the Trans-Generational Validity of the Constitution

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ASLANI FIROUZ; Ziaei Najafabadi Maryam

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2019 | Volume:8 | Issue:24 Page(s): 19-40

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Information Journal Paper

Title

Explaining the Reasons for the Trans-Generational Validity of the Constitution

Author(s)

ASLANI FIROUZ | Ziaei Najafabadi Maryam | Issue Writer Certificate

Keywords

Generational Discourse

Generational Validity of the Constitution

Trans-generational Validity of the Constitution

Generational Identity Continuity

Constitutional Continuity

Abstract

Natural in human societies and important in population sociology is generation renewal. On the other hand, the continuation of the Constitutional validity in society is inevitable and defensible due to the supreme status of the Constitution, Formally and substantially, and its important function in the political legal system. Renewal of the Constitution and continuity of its validity raises various questions; if trans-generational, it would be valid and constant during different generations by any basis of legitimacy. At the same time, some scholars believe in the Generational Validity of the Constitution and have put forward different arguments generally with the focus on the right to self-determination and national sovereignty. Using a descriptive-analytic approach, this paper, while designing and evaluating the foundations of the theory of generativity, explores the legal justification of trans-Generational Validity of the Constitution. The "continuity of generational identity" and "substantive continuity of the Constitution" along with citation to "positive legal jurisprudence rules, " are findings of the present study which explain the trans-Generational Validity of the Constitution as appropriate. Obviously, the dynamism and strengthening of the Constitution as a legitimate and reasonable issue is beyond the scope of this article.

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APA: Copy

ASLANI, FIROUZ, & Ziaei Najafabadi, Maryam. (2019). Explaining the Reasons for the Trans-Generational Validity of the Constitution. JOURNAL OF PUBLIC LAW KNOWLEDGE, 8(24 ), 19-40. SID. https://sid.ir/paper/373561/en

Vancouver: Copy

ASLANI FIROUZ, Ziaei Najafabadi Maryam. Explaining the Reasons for the Trans-Generational Validity of the Constitution. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2019;8(24 ):19-40. Available from: https://sid.ir/paper/373561/en

IEEE: Copy

FIROUZ ASLANI, and Maryam Ziaei Najafabadi, “Explaining the Reasons for the Trans-Generational Validity of the Constitution,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 8, no. 24 , pp. 19–40, 2019, [Online]. Available: https://sid.ir/paper/373561/en

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