Public Law
hasan mohammadi; Ali Mashhadi
Abstract
Perfectionism, as an idea that has long influenced the political theories of the state, has a deep connection with the concepts of moral state, utopia, virtuous society, society's priority and the precedence of good. On the other hand, the public sphere, as a concept that has been born and developed ...
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Perfectionism, as an idea that has long influenced the political theories of the state, has a deep connection with the concepts of moral state, utopia, virtuous society, society's priority and the precedence of good. On the other hand, the public sphere, as a concept that has been born and developed in modern political thought, has been considered by modern political thinkers as a normative field and a rationalizing source for the state. Considering that one of the main approaches to the Constitution of the Islamic Republic of Iran is the perfectionist approach, Let's answer the question that, given the principles and pillars of the public sphere, is it possible to achieve it in a perfectionist approach to the constitution in the legal system of the Islamic Republic? Finally, by examining the foundations of the perfectionist approach and the public sphere, the refusal to realize the public sphere in this reading of the Constitution of the Islamic Republic of Iran is concluded.
Public Law
omid shirzad
Abstract
Relations between state and ethics or religion is one of the important subjects in political philosophy and public law and there are several approaches about it. In this meantime, Professor Naser Katouzian refers to three kind of Relations between state and ethics or religion and points out the theory ...
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Relations between state and ethics or religion is one of the important subjects in political philosophy and public law and there are several approaches about it. In this meantime, Professor Naser Katouzian refers to three kind of Relations between state and ethics or religion and points out the theory of stipulated state to ethics, state that is beside of ethics or religion and the governor state on ethics or religion. This paper has considered the doctrine of professor and with utilization from other sources in public and constitutional law, has completed this issue .The author has considered the concepts of perfectionist and neutral state as related concepts to stipulated state to ethics, state that is beside of ethics or religion and with conceptual analysis about them, has remarked the necessity of obstruction the line from perfectionism to despotism.Naser Katouzian is undoubtedly one of the most influential figures of Iranian law in the contemporary era. An unforgettable and moral teacher whose works and school of thought every professor and student of law in Iran is indebted to and rereading his doctrine can be considered a solution to most legal problems of the society. Despite the professor's specialized entry into private and civil law and dedicating the major part of his works to this field, his concern about the relationship between the state and the nation and public law had him write in this important field and take part in preparing the draft of the Constitution of the Islamic Republic of Iran and setting up the foundations of Iran’s political-legal system.In this article, the author has turned to one of the important views of Professor Naser Katouzian regarding the relationship between the government, ethics, and religion and tries to evaluate the professor's doctrine in this field as much as possible. Reexamining this point of view was not only necessary at the beginning of the Islamic revolution, but also nowadays. It can be very effective in explaining the foundations of the Islamic Republic of Iran's constitution and governing political system. Therefore, the main Point of this research is the relationship between state, ethics, and religion in the thinking of Professor Naser Katouzian and formats and forms in which this relationship will appear.In analyzing the relationship between the state, ethics, and religion and in a basic classification, Katouzian points to the state that is bounded to ethics and religion, the state that is beside ethics and religion and is neutral, and the state that rules on ethics and religion. The professor considered religious governments, such as Islamic or Christian governments, as examples of the states that are bounded to a certain religion and considers the constitution of the Islamic Republic of Iran and some of its fundamental principles, such as Article IV, as the pledge that has bounded the state to a certain religion and ethics.In the second category, he refers to the governments that are beside ethics and religion and are neutral. In these states, the government is separated from any common philosophical and religious beliefs among the people and ethics, and religion has a personal and private feature next to the government and is ineffective in policymaking and legislation.In the third category, professor Katouzian points to the states that rule on ethics and religion in which the government takes an authoritarian approach. The government has the authority to validate and create rights, good, and even morality and it is under the government’s will that the moral progress and evolution of citizens is pursued.This paper considers the doctrine of Professor Katouzian and by looking at other sources in public and constitutional law, has developed this issue. The author has considered the concepts of perfectionist and neutral states as related concepts to states that are bound to ethics and states that are beside ethics or religion and by conceptual analysis of them has remarked the necessity of preventing the progression of perfectionism to despotism. Professor Katouzian's concern about the pure sovereignty of the government over the right and good is commendable in the author’s view. This research intends to talk about the limitations and restraints of the government's power and its lack of sovereignty over the rights and morals with reference to the professor's doctrine.Professor Katouzian criticizes authoritarian governments that rule on ethics and religion and in practice, examples of these outlooks in government such as Nazism and fascism have left bitter experiences for humanity and history. consequently, the author expresses his concern about the transition from perfectionism to authoritarianism and considers understanding the basis of modern public law as the mechanism to prevent this transition.Therefore, the legal system in a government that is bounded to ethics and religion must recognize and guarantee the values of the public such as the rule of law, separation of powers, accountability, supervision and balance, transparency, fundamental rights and freedoms for the citizens, etc. In this way, It will help to spread morality in the society. we propose that the achievement of a virtuous society is directly linked with good governance, correct management of public resources and their optimal allocation to public needs, and efficient management of conflict of interests among members of the political society. These will give the citizens the opportunity to live a dignified life and the opportunity to think about moral virtues and the meaning of life and will reduce immorality and vices in society.
