Public Law
Faeghe Chalabi; Seid Hossein Malakooti Hashtjin; Mohammad Reza Mojtehedi; Ayat Mulaee
Abstract
The constitution should be a symbol of flexibility in the face of social challenges. In most constitutions, it is possible to amend the constitution through a formal revision. The difficulty of the formal reform process has led constitutionalist democracies to believe that a formal revision of the constitution ...
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The constitution should be a symbol of flexibility in the face of social challenges. In most constitutions, it is possible to amend the constitution through a formal revision. The difficulty of the formal reform process has led constitutionalist democracies to believe that a formal revision of the constitution cannot be the only way to achieve the desired goal of meeting the constitution with the needs of society, parties, and people on the constitution in the constitutional law. In this respect, two approaches of originality and dynamism are noteworthy. The controversy between the originalists and the dynamic constitution suggests that in addition to the formal method, constitutions can be reviewed and changed informally. In this article, the concept and principles of the dynamic constitution as a new theory, survey the limits of living constitution interaction in the face of the originalist constitution, the relationship between the living constitution and the legitimacy of the political system, and its confrontation with the rule of law are examined. The main goal of this article is to provide the basis for further research and localization of the present theory by examining the dimensions and challenges of the forthcoming issue to address the shortcomings of the Iranian constitution in the face of the current challenges of the constitution.
Seyed Qasem zamani; Mahshid Ajeli lahiji
Abstract
Traditionally, there have been two acceptable theories regarding the legitimacy of any phenomenon in international law, inter alia international organizations: acceptability among people and acceptability among States. However, the evolution of international law makes it inevitable to revisit the issue ...
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Traditionally, there have been two acceptable theories regarding the legitimacy of any phenomenon in international law, inter alia international organizations: acceptability among people and acceptability among States. However, the evolution of international law makes it inevitable to revisit the issue to create a new criterion for considering legitimacy. Nowadays, the level of commitment to international values seems to be the criterion for legitimacy according to which the situation of international organizations could be evaluated and it will make their challenges obvious. Specifically, the case study of the World Bank, the organization which has been criticized for many years could determine the way this pattern is used to address the legitimacy challenges in international law. It also, explains the reasons behind challenging World Bank structure and operation by the International Community. The organization faces serious problems from the perspective of conformity with international values. Without addressing those problems, the legitimacy of the organization will remain under question.