Public Law
Ayat Mulaee; Maedeh Soleymani Dinani
Abstract
Although the idea of an unwritten constitution and the identification of this concept can be very challenging and even be used as a tool to circumvent the text of the constitution or as or a template for explaining the nature of political preferences and legitimizing actions that do not have a specific ...
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Although the idea of an unwritten constitution and the identification of this concept can be very challenging and even be used as a tool to circumvent the text of the constitution or as or a template for explaining the nature of political preferences and legitimizing actions that do not have a specific place for explanation in the field of constitutional rights; But dealing with this concept cannot be more dangerous than ignoring. By examining the foundations of the legitimacy in its original origin the boundaries of this concept are defined and the way of any preferential use is taken. If introduce the unwritten constitution as a set of legal rules of the stature of the constitution that are not included in the written text of the constitution and not only do not derive their legitimacy from the text, but also give credibility to the principles contained in the text; This question is raised, where do such rules get their legitimacy? with the descriptive-analytical method and the collection of materials in a library, an attempt has been made to give an appropriate answer to the question by examining the concept of the unwritten constitution and analyzing its foundations in its watershed.
Mohammad Javad Javid; mostafa Shafizadeh Kholenjani
Abstract
Nowadays, it is very common to simply talk about the "relativity" of human rights. Perhaps this relativistic approach might be the unintended consequence of a situational looking at human rights. Since there is no common and correct boundary between the human rights and civil rights, it has inevitably ...
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Nowadays, it is very common to simply talk about the "relativity" of human rights. Perhaps this relativistic approach might be the unintended consequence of a situational looking at human rights. Since there is no common and correct boundary between the human rights and civil rights, it has inevitably fallen into the trap of relativism that had been opposed to its primary and universal objective. This boundary which paves the way for any relativistic interpretation of international instruments makes the assumption of the present article. Therefore, given the relativity of human rights, it may not be deemed universal. To this end, this paper goes on to establish a universal law based on the recognition of an anthropology of human rights in which in every age and every place, the essence of human nature is deemed.