International Law
Seyed Hossein Malakooti Hashjin; Nasim Soleymani nejad; Seyed Ali Mousavi
Abstract
Introduction In today's world, with phenomena such as globalization, rapid changes in the international arena, and their effects on human rights and freedoms, the significance of the internationalization of constitutional laws as a link between the public laws of states and international law is growing ...
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Introduction In today's world, with phenomena such as globalization, rapid changes in the international arena, and their effects on human rights and freedoms, the significance of the internationalization of constitutional laws as a link between the public laws of states and international law is growing daily. Initially, constitutions were primarily considered as national documents confined within a country's borders. However, this perspective no longer holds in the era of globalization. constitutional rights, as a subset of public rights, are no exception. Nevertheless, the internationalization of constitutional laws continues to face numerous challenges and raises many controversies. For instance, if a domestic constitution is influenced by international law, it might undergo substantial changes. This process reflects that national constitutions are essentially part of a broader international legal framework. The inclusion of human rights in domestic constitutions, the increase in the convergence between national and international constitutions, and the alignment of the legal systems with the global market all contribute to the internationalization of constitutions. Furthermore, in entities like the European Union, internationalization occurs partially or regionally which forms the legal framework for the member states. Additionally, focusing on shared ideological principles among governments can lead to the transnationalization of certain constitutional principles. This not only serves to hold governments accountable but also allows for a comparative assessment of judicial practices concerning common issues. In general, the internationalization of constitutional laws can be viewed as a tool to curb the political powers of the government and officials within the framework of harmonized and effective legal principles. This article introduces and explores different facets of this process. Research Questions What are the opportunities and challenges before the internationalization of constitutional laws?What sets the ground for the creation and the status of cross-border principles, and what is their impact on national constitutions? Literature ReviewIn delving into the research background on the internationalization of constitutional laws, it is pertinent to consider factors such as governments' accession to documents related to or containing provisions on international human rights and the shifts in the global legal atmosphere. These steps signify changes in the global legal thinking that play a role in shaping the constitutions of nations. The influence of regional organizations like the European Union in instigating changes in the constitutional laws of member states is also noteworthy. These regional interactions can directly affect the constitutional laws of member states in economic, legal, and political aspects. In this context, many articles have examined the intricate interplay between the Constitution, international law, and global governance[1], as well as the potential for the internationalization of constitutions in different countries through adherence to international documents.[2] However, few sources have tackled the existing challenges and the future prospects. Methodology This research is fundamental research, employing a library-based method to collect and review data from documents, books, writings, articles, and foreign sources. In terms of research methodology, this study follows a non-comparative approach wherein it first delves into the factors and the driving forces behind the shift toward internationalization of fundamental laws, the second part focuses on delineating and explaining partial or regional internationalization and the associated challenges, and finally, the third part presents the outlook of this initiative. ConclusionThis research aims to provide an in-depth understanding of the role of international human rights in national constitutions and the extent to which governments adhere to these documents. It also seeks to elucidate the impact of changes in global legal thinking on the constitutional frameworks of countries and their alignment with international law. The study investigates the role of regional organizations such as the European Union in promoting and facilitating the internationalization of constitutional laws in specific regions and how they affect the methods for adapting and formulating constitutional laws. In conclusion, the study finds that firstly, despite the debates among legal scholars, transnational principles are not always universally applicable, sometimes they are specific to particular geographical regions or their religious beliefs. furthermore, these principles allow oversight of governments and dual control through the application of binding domestic and international mechanisms. additionally, they enable a comparative examination of the judicial practices across different countries on common issues. In conclusion, the essay provides that the internationalization of constitutional laws can serve as a tool to underpin the restraint of political powers within the framework of harmonious and effective legal principles. [1]. Vicki C. Jackson, Paradigms of Public Law: Transnational Constitutional Values and Democratic Challenges, International Journal of Constitutional Law, (2010) 8.[2]. Wen-Chen Chang, ‘An Isolated Nation with Global-minded Citizens: Bottom-up Transnational Constitutionalism in Taiwan, National Taiwan University Law Review, (2009) 4(3).
Public Law
Ayet Mulaee; Sayed Ali Mousavi; Farshid Bandehali
Abstract
IntroductionHegel is a philosopher who studies the concept of the state with his multifaceted philosophy and his special methodology. On one hand, he criticizes the views of different schools of thought about this concept and believes that the government is not a mechanism to maintain peace, enforce ...
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IntroductionHegel is a philosopher who studies the concept of the state with his multifaceted philosophy and his special methodology. On one hand, he criticizes the views of different schools of thought about this concept and believes that the government is not a mechanism to maintain peace, enforce rights, or promote benefits beyond its own existence, and only in this capacity can it be recognized by everyone as a right. On the other hand, in his theory, the divine and intrinsically purposive government is trying to incorporate all the desirable features of these schools, despite all these criticisms. notwithstanding this paradox, this research, whose sources have been collected through the library research method and descriptive-analytical study, aims to prove the hypothesis that the Hegelian state emerges from within the traditional liberal and democratic state-building philosophies in a special and distinct way. It is trying to answer the question “What are the characteristics of the ideal state in Hegel's view, In a practical look at the political philosophy of the state?”, The results show, while proving the hypothesis; that contrary to the extreme collectivism of Rousseau and the abstract individualism of Lockean liberalism, Hegel's state is ‘a reasonable and inevitable institution of society that everyone must recognize its by force and accept its obedience’. Research Question(s)What are the characteristics of the ideal state in Hegel's view? Literature ReviewSeveral research papers have been published Related to the subject of the research, including; Zahra Vashqani Farahani's thesis titled: "State Theory in Hegel's Political Philosophy" published by the Faculty of Literature and Humanities of the Islamic Azad University (Central Tehran Branch), as well as an article titled "The Importance of Hegelian Separation, State and Civil Society" written by Azim Rahin, Prepared and published in No. (1.2) of Social Sciences Quarterly. However, the distinct feature of this research is the examination of Hegel's paradigmatic view of the government, which is in many ways against or in favor of democracy and liberalism. MethodologyConsidering that research in most humanities disciplines is mainly focused on theoretical solutions, the present study has used a library research method to collect the desired data and examines the data with a descriptive-analytical method. ConclusionHegel's philosophy, methodology, and valuable critiques present an outlook that thinks about modernity, instead of being oriented towards the Enlightenment era of his time. Because, basically, from Hegel's point of view, modernity is a bridge in the evolution of the soul towards freedom, and in this way, the self-awareness of the soul is the most important characteristic of the new era. In summary, for the purposes of this research and its main question, what is certain is that Hegel rejects the political theory of social contract that philosophers such as Locke and Rousseau established and views them as inefficient abstract concepts and, by rejecting the abstract idealism of "Reason" and the empiricism of "History" as an independent and durable ground for authority, established a dialectical relationship between reason and history and thereby resolved some of the contradictions raised in the state's founding phase. He also, based the political right on having an independent nature from the state and supports the concept of political right where it maintains its idealistic aspect, but is based on a certain historical era. On the other hand, even though Hegel criticizes the extreme collectivism of Rousseau and the abstract individualism of Lockean liberalism, his divine and intrinsically purposive government tries to incorporate all the desirable features of these schools and support them. Hegel's goal was to achieve the desired political power system for Germany, and so in this way, he presented his government specially and distinctly from the democratic and liberal state-building philosophies of his time.But what are the characteristics of Hegel's ideal government? The key to understanding this question lies in the ideal concept of political right in Hegel's belief and his opinion about the inherent rationality of the state. From Hegel's point of view, the state is the manifestation of realized freedom and the perfect ethical life. Therefore, the state is an ethical soul that emerges in the form of an essential will by becoming more transparent and definite. Therefore, the state is nothing but "the action of the spirit in the world" realized in a self-conscious form. But since the soul in Hegel's philosophy has an absolute, and even divine essence, according to Hegel's definition, the state is God's will in the world. Such a government is not a responsible or parliamentary government, and this was at a time when the belief in a responsible government was considered the most important feature of 19th-century liberalism. Overall, by studying the philosophy of rights that Hegel talks about, it cannot be said that he does not explicitly accept responsible government, nor can it be said that he explicitly rejected such a government.
