The Rule of Islamic Criteria on Absoluteness and Generality of the Articles of the Constitution in the precedent of Guardian Council Jurists; A Procedural Overview at the Effects of Sharia Supervision over the Articles of the Constitution

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NIKOO NAHAD HAMED; ZANDIEH ZAHRA

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2019 | Volume:8 | Issue:24 Page(s): 109-132

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Title

The Rule of Islamic Criteria on Absoluteness and Generality of the Articles of the Constitution in the precedent of Guardian Council Jurists; A Procedural Overview at the Effects of Sharia Supervision over the Articles of the Constitution

Author(s)

NIKOO NAHAD HAMED | ZANDIEH ZAHRA | Issue Writer Certificate

Keywords

Forth Article of Constitution

Shar’i Supervision

Principle 13

Principle 69

Principle 121

Constitution

Interpretation of the Constitution

Abstract

The Article 4 of the Constitution is one of the fundamental principles of the Constitution which forms the legislative foundation of the Islamic Republic of Iran. The inclusion scope of the second clause of this Article, in addition to various laws and regulations, encompasses other Articles of the Constitution and proves the Rule of Islamic criteria on absoluteness and generality of the Articles of the Constitution. The study of existing legal documents indicates that during the forty-year history of the Constitution, such capacity is used regarding 3 Articles of the Constitution (Articles 13, 69 and 121) by the jurists of the Guardian Council. This paper, through procedural analysis of these three cases, is to assess and evaluate the capacity of this clause of the Article 4. The results of this study indicate that two of these announced Shar’ i opinions are compatible with the originalist interpretive approach and one is the product of the different juridical interpretation of the Guardian Council jurists. Implementation of the existing capacities in Article 4 in such cases may lead to transformability of the Constitution, which in a conception, in line with aims, aspirations and concerns of the main owners of the Constitution are justifiable. However, implementation of Shar’ i supervision on the fourth principle does not have per se any confrontation with stability and rigidity of the Constitution. In addition, this study will compare both “ shar’ i supervision” and “ interpretation of the Constitution” . According to the analysis, effects and positions of Shar’ i supervision and Interpretation, it can be claimed that there is close relation between two concepts, even it is possible to claim that Shar’ i supervision of the Guardian Council jurists means entering the arena of Article 98 and interpretation of Constitution.

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APA: Copy

NIKOO NAHAD, HAMED, & ZANDIEH, ZAHRA. (2019). The Rule of Islamic Criteria on Absoluteness and Generality of the Articles of the Constitution in the precedent of Guardian Council Jurists; A Procedural Overview at the Effects of Sharia Supervision over the Articles of the Constitution. JOURNAL OF PUBLIC LAW KNOWLEDGE, 8(24 ), 109-132. SID. https://sid.ir/paper/378875/en

Vancouver: Copy

NIKOO NAHAD HAMED, ZANDIEH ZAHRA. The Rule of Islamic Criteria on Absoluteness and Generality of the Articles of the Constitution in the precedent of Guardian Council Jurists; A Procedural Overview at the Effects of Sharia Supervision over the Articles of the Constitution. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2019;8(24 ):109-132. Available from: https://sid.ir/paper/378875/en

IEEE: Copy

HAMED NIKOO NAHAD, and ZAHRA ZANDIEH, “The Rule of Islamic Criteria on Absoluteness and Generality of the Articles of the Constitution in the precedent of Guardian Council Jurists; A Procedural Overview at the Effects of Sharia Supervision over the Articles of the Constitution,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 8, no. 24 , pp. 109–132, 2019, [Online]. Available: https://sid.ir/paper/378875/en

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