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
Seyyed Saeid Mousavi asl
Abstract
The new draft law in Iran has been introduced in various forms in contemporary history, among which two influential approaches are the views of Mustasharadullah and Mirza Naeini. Beyond the translation of mere foreign legal fertilizers, Mustasharadullah has paid attention to the preconditions for the ...
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The new draft law in Iran has been introduced in various forms in contemporary history, among which two influential approaches are the views of Mustasharadullah and Mirza Naeini. Beyond the translation of mere foreign legal fertilizers, Mustasharadullah has paid attention to the preconditions for the implementation of the law in Iran and based on the spirit of the new law, which in his view is reflected in the principles of French human rights, he seeks to re-read the religious material in the light of modern reason. On the other hand, Mirza Naeini, by trying to re-read the constitutional thought within the framework of the ancient tradition, formulates the law in accordance with the Shari'a and, using the capacities of jurisprudential ijtihad, calendars new concepts under traditional intellect. It seems that Mustasharadullah, with an understanding of the new intellect and transcending the requirements of the traditional intellect, intends to establish the law and seeks to transfer it from the Shari'a to the law, while Mirza Naini, It seeks to formulate the law based on the sharia system of thought and therefore considers the law as a function of sharia.
Public Law
hasan mohammadi; Ali Mashhadi
Abstract
The weakness of modern governments based on the representative system in establishing laws that are an expression of social norms prompted political thinkers to reconsider the relationship between the individual, society and the state. The public sphere as a solution that is trying to identify these ...
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The weakness of modern governments based on the representative system in establishing laws that are an expression of social norms prompted political thinkers to reconsider the relationship between the individual, society and the state. The public sphere as a solution that is trying to identify these norms by providing moral discourse procedures in a democratic context and make the parliament, in the light of the founding power, obliged to follow the norms emerging from the public sphere, as the main political attitude The modern era received the attention of these philosophers. On the other hand, neutrality as one of the new approaches reconsider the jurisdiction of governments. The main question is whether the neutral approach has the necessary ability to provide the platforms for the realization of the public sphere? Our assumption is that despite some incompatible attitudes, the mentioned approach has basic coordinations and works with the theory of the public sphere, which provides a suitable platform for the emergence of this sphere.
Public Law
Marzye Mohammadabadi; Hamed Nikoonahad
Abstract
One of the most important duties of the constitutional reviewers The constitution is to review the ordinary law in terms of their non-contradiction with the constitution in order to ensure and guarantee the fundamental principle of the supremacy of the constitution in the field of legislation. In the ...
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One of the most important duties of the constitutional reviewers The constitution is to review the ordinary law in terms of their non-contradiction with the constitution in order to ensure and guarantee the fundamental principle of the supremacy of the constitution in the field of legislation. In the system of constitutional law of the Iran,the parliement is exclusive authority to enact ordinary laws according to principles 58.71 of the constitution,and the Guardian Council, according to, articles 72,91 94 of the constitution, has the of review the non-contradiction of the measure with the constitution. Since the process and mechanisms foreseen for the perform of this type of review are not comprehensive, in practice we see legal deficiencies in guaranteeing the supremacythe Constitution.The present article is based on an analytical-critical approach and by studying the procedures for identifying damage in the mechanisms of the Guardian Council review of the normal law.The findings of this research show ""Failure to foresee a specific mechanism for the review of the Guardian Council on normal laws before the formation of the parliament Among most important damages in the review mechanisms of the Guardian Council is guaranteeing the supremacy of the Constitution over the ordinary law.
Public Law
Ali akbar Jafari Nadoushan; omid shirzad
Abstract
The approval of the constitution and its amendment can be considered as one of the important achievements of Iran's constitutional movement in the late Qajar era.A document that, despite all the theoretical and practical challenges that existed about its approval was able to establish a new legal ...
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The approval of the constitution and its amendment can be considered as one of the important achievements of Iran's constitutional movement in the late Qajar era.A document that, despite all the theoretical and practical challenges that existed about its approval was able to establish a new legal order on Iranian governance for the first time and provide the basis for limiting the power and guaranteeing the fundamental rights and freedoms of the nation.Examining the course of evolution of this document in the next historical stage- the first Pahlavi period- can help to explain the history of constitutional law and recognize the contemporary history of Iran.From this point of view, this article analyzes and examines the fate of the constitution during the first Pahlavi era and has examined the revision process of the constitution and its change and weakening due to the mechanism of interpretation. The findings of the research indicate that in the post-constitutional era, despite the fading of tyranny, the preservation of territorial integrity, and Iran's achievement of modern life and some progress, the conflicts between the traditional authoritarian order and the democratic order continued and with the dominance of Rezashahi's authority, the priority of constitution has been damaged.
Public Law
Marziyeh Sadeghiyan; Seyed Naser Soltani; Asadollah Yavari
Abstract
The link between Laughlin and Oakeshott starts from the native, non-normative and pragmatic view of the constitution. Laughlin considers Oakeshott as the most important representative of the conservatism school and examines what features Oakeshott's thoughts, which in his opinion is a systematic ...
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The link between Laughlin and Oakeshott starts from the native, non-normative and pragmatic view of the constitution. Laughlin considers Oakeshott as the most important representative of the conservatism school and examines what features Oakeshott's thoughts, which in his opinion is a systematic theory of human conduct and politics, and what kind of conservatism he portrays. Laughlin highlights Oakeshott's criticisms of rationalism and his emphasis on practical or traditional knowledge, and borrows from his thought on politics as a tradition of conduct. What is emphasized in this article is Laughlin's attention to Oakeshott's special reading of the concept of tradition and practice, which the authors think is the same reading that inspired Laughlin's theory of "public law as practice". Therefore, according to the perception of Oakeshott's thought, Laughlin considers public law as a native system and a tradition that is indicative of the specific culture of a society and a political system. Accordingly, Laughlin's emphasis on the practices of governance and the gradual adaptation process of public law arrangements in accordance with changes in social and political conditions, without being affected by norms, is strongly reminiscent of Oakeshott's emphasis on politics as a practice of conduct.
Public Law
Seyyede fateme haghighat talab; Reza Sharifyazdi; Mohammad Jalali
Abstract
Iran's first constitution, called the Mashruteh constitution, was constituted of two parts; NezamNameh Asasi and Motammem. This constitution is the initial document that marked the end of absolute monarchy and the commencement of the rule of law in Iran. Such a valuable text warrants extensive research ...
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Iran's first constitution, called the Mashruteh constitution, was constituted of two parts; NezamNameh Asasi and Motammem. This constitution is the initial document that marked the end of absolute monarchy and the commencement of the rule of law in Iran. Such a valuable text warrants extensive research as an introduction to comprehending the concept of a constitution in contemporary Iran. Nevertheless, it has not received adequate consideration and analysis.
In this regard, the present research focuses on a specialized examination of the drafting and arrangement of the Mashruteh constitution. For this purpose, this text discusses the necessity of drawing inspiration from other countries for drafting this constitution, its drafting process, its authors, and the determination of reference constitutions.
The results clarify that the majority of Articles in the Motammem and many in the NezamNameh Asasi borrowed or, in some cases, adapted from the constitutions of other countries. The NezamNameh Asasi drew inspiration from various foreign constitutions; However, the authors made significant changes in the foreign concepts to align them with the conditions of Iran. On the other hand, in the drafting of Motammem, few articles are unique to Iranian law, and most others are rooted in the Belgian Constitution of 1831.
Public Law
Samaneh Rahmatifar
Abstract
The democratization of administration is similar to the concepts of organizational democracy and workplace democracy. It is a democratic political system requirement and an example of the right to public participation (rticle 21 of the UDHR). The purpose of the research is to implement direct democracy ...
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The democratization of administration is similar to the concepts of organizational democracy and workplace democracy. It is a democratic political system requirement and an example of the right to public participation (rticle 21 of the UDHR). The purpose of the research is to implement direct democracy in administration or explain the elements of democratic administration. The approach employed is descriptive and analytical. It involves a description of the elements of direct democracy and the administrative prerequisites. Subsequently, it delves into an analysis of their interplay. Components of direct democracy are legal equality, pluralism, public participation and monitoring, promotion and protection of human rights, consensus orientation, arranging general assembly, and the rule of law. The elements of democratic administration are the creation of an inclusive employees' assembly, decision-making by consensus, strengthening employees' belief in the necessity of participation, and creating the regulations in the assembly by observing the higher legal rules. The last one refers to respecting the status of representative democracy. However, these elements require changes in the administration and obviously cannot be combined with a hierarchical structure, or at least hierarchy plus direct democracy in administration leads to the practice of democracy instead of democratic life with excessive bureaucracy.
Public Law
Rohollah Moazeni; Seyyedeh Zahra Pourrashid
Abstract
Since the provincial government was first in France in 1800 and in Iran in 1316, It has been representative of the central government and the integrator of the departments located in a province which ensured the solidarity between the government and the nation. During the last decade, some governors ...
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Since the provincial government was first in France in 1800 and in Iran in 1316, It has been representative of the central government and the integrator of the departments located in a province which ensured the solidarity between the government and the nation. During the last decade, some governors and authorities have repeatedly claimed that the authority of governors is not sufficient to carry out their duties. This comparative study aims to compare the evolution of the governorship institution and their authority in relation to the local administrative institutions based in the province in France and Iran. The findings of the research indicate that the authority of governors in Iran, in relation to the local decentralized institutions, not only do not suffer from a lack and defects but the excess of the authority and extensive supervision of the governors in relation to these institutions requires substantial reform so that the authority and potential of the governors mainly lead to coordinating the numerous central agencies located in the region (decentration). Another finding of this research is that the position of governorship is complex and ambiguous, with adaptability and continuous innovation being the solution, rather than an increase in legal authority.
Public Law
Zohreh Naeimifard; Mahdi Hadavand
Abstract
In administrative law, the "rule against bias" is one of the branches of the principles of "procedural fairness" and complements the theory of "good governance". Personal, cognitive, organizational-institutional biases, previous involvement, preconceived opinions, predispositions ...
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In administrative law, the "rule against bias" is one of the branches of the principles of "procedural fairness" and complements the theory of "good governance". Personal, cognitive, organizational-institutional biases, previous involvement, preconceived opinions, predispositions or prejudgments are the most important aspects of partiality. They can influence decision-making processes. Despite the importance of the aforementioned rule, less has been addressed to its foundations and aspects in administrative law, and most of the topics discussed are focused on judicial impartiality. Considering the position of foreign law in the field of administrative law, this article, using the analytical-descriptive method, examines the nature, elements and application of the rule against bias in English administrative law. It seems the current approach of the English legal system to the rule against bias is complex and scattered, applied with different standards. Also, the violation of the rule against bias results in a lack of competence of the administrative authority, with varying degrees of effect ranging from "void" to "voidable" of the decision. Although there are some serious concerns about the inflexibility of the rule against bias, especially in technical and specialized administrative matters, it is necessary to strike a balance between competing concerns.
Public Law
Mahin Sobhani; Alireza Bazri; Zahra Sobhani
Abstract
Due to the recognition of the right to housing in the Iranian constitution, providing housing to the people was one of the promises of the 13th government, which led to the approval of the housing production Jump law. According to Article 10 of this law, all government agencies are obliged to transfer ...
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Due to the recognition of the right to housing in the Iranian constitution, providing housing to the people was one of the promises of the 13th government, which led to the approval of the housing production Jump law. According to Article 10 of this law, all government agencies are obliged to transfer and deliver free of charge the lands in their possession that fall within the framework of the location of the subject of Article (6) of the Organization Law, in the name of the government, with the representation of the Ministry of Roads and Urban Development. Now the question is whether the Ministry of Roads and Urban Development can acquire all the lands under the jurisdiction of the state universities for free with the aim of increasing housing production? This article, by examining the laws and documents case law, comes to the conclusion that the lands under the jurisdiction of the state universities, which are managed by the board of trustees, are divided into two categories: public and private properties. Even if we recognize this right for the Ministry of Roads and Urban Development,,, this ministry cannot apply this law to the private lands of universities.
Public Law
Amir Mohajer Milani
Abstract
Tabatabaei believes that religious reform in Sharia-oriented Islam is possible only in the realm of law and by transforming Sharia law into a new and historical legal system. This transformation provided the conditions for the interpretation of the text of Sharia-oriented law, based on the new legal ...
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Tabatabaei believes that religious reform in Sharia-oriented Islam is possible only in the realm of law and by transforming Sharia law into a new and historical legal system. This transformation provided the conditions for the interpretation of the text of Sharia-oriented law, based on the new legal theories emerging from the philosophy of modern law, in the continuation of the emergence of the "new of the old" and the elimination of the "old of the old" and as a result the realization of modernity which tekes place in the Iranian society. According to him, the constitutionalism movement in Iran, with the transformation it created in the logic of understanding religion and the transformation of Sharia law into modern law and the formation of a new legal system, is an example of this model in the position of "opinion in practice". This research presents a coherent narrative of Tabatabai's complex theory with the documentary method and content analysis, and then criticizes it. Tabatabai's theory, despite its great power in explaining changes in Iranian thought, faces some problems such as seeing history as a linear evolutionary theory, comparing two incommensurable things and understanding the nature of the constitution in a one-dimensional way.
Public Law
vali rostami; sajad karimi pashaki
Abstract
the legislator in three periods of 1981, 2006 and 2013 took action to establish the rules of procedure governing the Administrative Court of Justice, and in this way, the establishment of specialized boards as well as the general board of the Administrative Court of Justice focused on the procedures ...
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the legislator in three periods of 1981, 2006 and 2013 took action to establish the rules of procedure governing the Administrative Court of Justice, and in this way, the establishment of specialized boards as well as the general board of the Administrative Court of Justice focused on the procedures related to the request for annulment, which is one One of the important duties of these committees is to be qualified. Considering the amendment of some of the provisions of the law governing the proceedings of this judicial authority in 2023 and the creation of credibility to the "non-cancellation" votes issued by the specialized boards as well as the general board through the ruling of Article 93 of the Law of the Administrative Court of Justice and the need to publish the opinions These authorities, among others, with the work "Non-cancellation"the authors try to answer this question in this article, which was compiled with a descriptive-analytical method: the status and credit effects of the ruling on "non-cancellation" of the regulations of the board. What are the general and specialized boards of the Court of Administrative Justice, and from such opinions can we infer the correctness and influence of the regulation?
Public Law
malihe masoudi; Mohammad Emami; seyyed mojtaba vaezi
Abstract
A concrete approach to concepts is one of the main features of Hegel's philosophy. In Hegel's view, the concrete concept has precedence over its subjects, and what is objective is the realized idea or concept, while the abstract concept is formed through mental representation and abstraction ...
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A concrete approach to concepts is one of the main features of Hegel's philosophy. In Hegel's view, the concrete concept has precedence over its subjects, and what is objective is the realized idea or concept, while the abstract concept is formed through mental representation and abstraction operations in relation to the researcher's affairs, and takes its content as a priori. The concept of the constitution in Hegel's intellectual system is defined as the basic principles of the last stage of the evolution of the soul in history, that is, the state. According to Hegel, any kind of abstract and a priori definition of the constitution is one-sided and devoid of truth and presents the constitution as an unstable and random existence. Therefore, the concept of the constitution should be deduced from the text of the phenomenology of the soul. Hegel's concrete approach to the concept of the constitution departs from its conventional understanding in the constitution and has important effects; Among other things, the constitution, like the soul of the nation, is not a fake and artificial thing, and the question of who drafted the constitution is meaningless, and imposing the constitution on a nation is also rejected.
Public Law
Mohammd Reza Mojtehedi; Mohammd Mazhari; Syed Hussain Malkuti Hashjinmalakooti@; Salah Ghsemyani
Abstract
Decentralization has found its global position as the preferred method of governance in today's world. This article aims to investigate the legal challenges of local decentralization in Iran. The history of decentralization in Iran goes back to the formation of state and provincial associations ...
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Decentralization has found its global position as the preferred method of governance in today's world. This article aims to investigate the legal challenges of local decentralization in Iran. The history of decentralization in Iran goes back to the formation of state and provincial associations during the constitutional period and after that it continued in the Islamic revolution period in the form of Islamic councils, but this system is still facing serious legal obstacles. The research examines the legal challenges of the decentralization system with a descriptive-analytical approach in legal dimensions (constitutional law and ordinary laws), interpretative, judicial and structural. The findings showed that the concern is from the historical experience in the emergence of the paper constitution and joining the associations in the form of councils. In order to solve the legal challenges of the decentralization system in Iran, it is an inevitable necessity to revise and amend the constitution, change the attitude in the legislature, the Guardian Council, the Administrative Court of Justice and the executive bodies, especially the Ministry of Interior, and there is a need to change the political structure and culture of the country.
Public Law
Soroush Alizade; Ayat Mulaee
Abstract
The following article takes a step on the path by choosing new technologies and multi-faceted philosophical reflection on its concept as a starting point in the problem.Then, he talks about the impact of technology on human life and develops the issue of Mandi Ben Mayei from the heart of it.As this issue ...
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The following article takes a step on the path by choosing new technologies and multi-faceted philosophical reflection on its concept as a starting point in the problem.Then, he talks about the impact of technology on human life and develops the issue of Mandi Ben Mayei from the heart of it.As this issue is linked to one of the fundamentals of thought in the field of left and right economic legal schools.Therefore, the effort is based on rereading the concept of work and the working class and revealing the impact of new technologies on the fundamental and underlying conceptual and philosophical layers.Then the impact of these concepts on legal knowledge is looked at, and a light is shed on the conceptual conflict of the problem and the question is answered,what effect do new technologies have on the concept of the working class?This requires defining the concept of work from the philosophical thoughts of great thinkers and thinkers in this field.Among the important results of the research,we can point to a new reading of the concept of worker and work and that the impact of new technologies will not cause the exploitation of workers.
Public Law
seyedeh zahra saeid
Abstract
The explanation of political systems in the context of the concepts of a unified government and a divided government gives a clear information of the relationship between the ruling powers. According to the mentioned concepts, the research with its analytical-critical method aims to explain the type ...
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The explanation of political systems in the context of the concepts of a unified government and a divided government gives a clear information of the relationship between the ruling powers. According to the mentioned concepts, the research with its analytical-critical method aims to explain the type of relations between government and parliament as well as within the executive branch. The purpose of above reviews is to reject the claim of semi-presidentialism of the political system of the Islamic Republic of Iran.
In the 1358 Constitution, in opinion and not necessarily in practice, the relationship between the government and the parliament was in accordance with unified government. In addition, we were facing a divided government at the level of the executive branch. According to the amendment of the constitution and the removal of the prime minister as the guarantor of unified government and holding separate presidential and parliamentary elections, the relationship between these two institutions can be examined in the form of a divided government. Due to the exclusive, joint and overlapping executive powers between the leadership and the president as stipulated in the constitution, creation of divided government at the level of the executive branch as well, is worth thinking.
Public Law
kazem Ahmadi; Seyed Naser Soltani
Abstract
Schmitt was strongly opposed to the liberal approach to safeguarding the constitution, which he viewed as devoid of real political content and overly dependent on abstract legal principles. Instead, he advocated for a more decisive and politically charged role for the head of state, arguing that only ...
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Schmitt was strongly opposed to the liberal approach to safeguarding the constitution, which he viewed as devoid of real political content and overly dependent on abstract legal principles. Instead, he advocated for a more decisive and politically charged role for the head of state, arguing that only such an individual could effectively protect the constitution in times of crisis. Schmitt challenged the liberal concept of a neutral and objective state, claiming that such a state is inherently incapable of making crucial political decisions necessary for safeguarding the constitution. He also criticized liberal democracy, arguing that it leads to a fragmented and indecisive political landscape, rendering it ineffective in maintaining the unity and cohesion of the state. Schmitt contended that the constitution, as the embodiment of the state's identity, cannot be protected solely through legal mechanisms but requires a strong and decisive political will—one that can act in the face of uncertainty and crisis. This article takes a descriptive-analytical approach to Karl Schmitt's critiques, a prominent German legal theorist, on liberalism, democracy, and parliamentarism, and examines their implications for the protection of the constitution.
Public Law
Abbasali Kadkhodaei; Mahdiyeh Firoozi
Abstract
IntroductionLaw has been a central concept throughout different periods of pre-constitutional reforms, reflecting the different stages of Iranian constitutionalism. The evolution of this concept illustrates the development of reformist ideas in Iran, highlighting its significance. The initial phase ...
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IntroductionLaw has been a central concept throughout different periods of pre-constitutional reforms, reflecting the different stages of Iranian constitutionalism. The evolution of this concept illustrates the development of reformist ideas in Iran, highlighting its significance. The initial phase of Iran’s legal reforms occurred during the Naseri period, influenced by the reforms in Russia and the Ottoman Empire. The first efforts by Iranians aimed to limit autocratic and unlimited power. In the early stages of reform, the concept of order emerged as a criterion for assessing the state of society, shaping Iranians’ understanding of the concept of law. The current study aimed to examine the relationship between the two concepts of law and order, focusing on the views of Mirza Malkam Khan Nazim al-Dawla.Literature ReviewMany studies have taken political and historical perspectives to analyze the events leading up to the constitutional revolution in Iran and the associated thinkers. However, legal researchers have paid less attention to how Iranians during the Naseri period initially understood the concept of law, an understanding that was influenced by their desire for order.Materials and MethodsThe present study employed a descriptive–analytical approach. The methods of library research and note-taking were used to collect data from historical sources.Results and DiscussionAny reform or revolution that occurs in different regions is influenced by its specific requirements. The traditions of each society stem from the ideas of a nation developed over many years of social existence, and their impact on changes and revolutions in society is undeniable. Iran’s constitutional movement is no exception. A notable aspect of Iran’s political situation prior to the constitutional revolution was the lack of order that could organize relationships. The absence of order, which reached its peak during the Qajar era, significantly influenced political relations. The lack of order can be seen as the reason contributing to the centrality of the concept of law in all developments during the Qajar era. The evolution of the concept of law during the Qajar era illustrates how Iranian reformist thought transitioned from the era of Tanzimat to parliamentary constitutionalism. Analyzing the writings from this period reveals that during the initial reforms of the Naseri period, the concept of order took on significant meaning and became a standard for evaluating Iran’s situation. At that time, Iran was often described as lacking order compared to other countries, with tyranny identified as its most prominent manifestation. Malkam Khan was the first pre-constitutional thinker to try to develop a specific understanding of the concept of law. His works suggest that the defining feature of the concept of law during the pre-constitutional era was its focus on curbing tyranny and absolute power—seen as the primary causes of disorder—by limiting the power of governors to the law. This law was not envisioned as opposing monarchy per se, but rather as opposing tyranny. Therefore, if a monarchy was orderly, it could coexist with this conception of law. In such a context, law was not a democratic principle aimed at overthrowing the monarchy; rather, it was very centralist. Through the establishment of new institutions, it sought to transform traditional governance into one characterized by order. In addition, the concept of law was understood in a pragmatic and objective manner, akin to substantive law, with little emphasis on the cultural and social foundations or traditional origins of laws. This led to a strong inclination toward imitating the laws of other countries, and any consideration of the relationship between law and Sharia was regarded as irrelevant.ConclusionWhat stands out in the works of the Qajar thinkers is the association between the concepts of law and order, with each term frequently mentioned in relation to the other. This relationship influenced the interpretation of law as a system building concept for establishing order in the chaotic situation of Iran. The most critical aspect of the lack of order in Iranian society was the presence of absolute and arbitrary power, which operated without any restrictions. Consequently, the concept of law emerged as an alternative to tyranny. Malkam Khan, a prominent intellectual of the pre-constitutional period, explored this idea in his works. Although this conception of law ultimately proved unsuccessful in politics and faced serious criticisms of its theoretical foundations, it marked an initial and significant shift from the tyrannical governance to the legal governance.
Public Law
Majid Banaei Oskooei; Mohammad javad Ghorbani
Abstract
IntroductionToday, insurance coverage is crucial in commercial and economic activities; however, like many economic functions, insurance requires significant financial resources. Generally, there are two main ways to provide these resources: proprietary and non-proprietary methods. Non-proprietary funding ...
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IntroductionToday, insurance coverage is crucial in commercial and economic activities; however, like many economic functions, insurance requires significant financial resources. Generally, there are two main ways to provide these resources: proprietary and non-proprietary methods. Non-proprietary funding can come in various forms, such as loans, debt from credit purchases, pre-received amounts, or unpaid taxes. Typically, lenders assess the applicant’s status and take appropriate guarantees at the time of credit allocation. However, insurance companies operate differently because their resources are derived from two primary sources: proprietary contributions (capital and equity) and debts (both current and non-current). Most of these liabilities stem from unfulfilled obligations to insurers, known as technical reserves, which are accumulated through the sale of insurance policies. As a result, policyholders and insurance beneficiaries often worry about the insurer’s ability to meet their obligations for several reasons. First, the exact amount of the insurer’s obligation is often unknown, making it difficult to estimate potential future losses or whether these losses will actually occur. Second, due to various factors (e.g., the uncertainty of future damages), it is challenging to obtain adequate guarantees from the insurer. Third, there is often no direct correlation between the insurance premium and potential losses. Fourth, acceptance of extraordinary insurance obligations usually represents only a small portion of the insurer’s overall resources. It should be noted that managers and insurers exercise control over resources that belong to others, yet they do not provide guarantees for these resources. Meanwhile, creditors have no role in the company’s management. These factors, although essential to the insurance industry, underscore the need for regulations that protect the rights of all stakeholders and prevent abuse or negligence by the owners and managers of insurance companies. Consequently, in most countries, these services can only be offered by special institutions and commercial companies that operate under strict regulatory frameworks. It is particularly important to establish performance guarantees and specific mechanisms to fulfill obligations, especially long-term commitments, because many businesses depend on insurance coverage to support their operations. When insurers fulfill their responsibilities effectively, they provide a guarantee for stable economic and financial activities. At the same time, these regulatory requirements should not undermine the principles of corporate governance within the industry or overly restrict the decision-making powers of insurance company managers. This is especially critical in the context of privatization and reduced government involvement, which have made the regulations of corporate governance even more relevant. Such regulatory requirements, together with the development-oriented approach in this relatively young industry, highlight the importance of establishing special regulations to govern relationships among insurance stakeholders, particularly in the areas of company operations and contracts. Literature ReviewMost research in the field of insurance has focused primarily on insurance contracts, while studies on insurance companies themselves are limited and tend to concentrate on corporate governance rules. However, the structure of insurance companies and the specific regulations that govern them as providers of insurance services are just as important as the contracts they issue. Materials and MethodsThe present study used a descriptive–analytical approach and a library research method to examine and explain the specific regulations governing insurance companies. Results and DiscussionWell-designed insurance regulations, alongside other economic factors, can help alleviate the concerns of stakeholders—especially merchants involved in commercial transactions, which inherently carry risk. This can, in turn, foster business development and economic growth. In Iran’s legal system, insurance regulation was initially limited and sporadic until the 1970s. A key turning point came with the Establishment Act of Bimeh Markazi Iran/Central Insurance of IR Iran & Insurance Operations in 1971. This law’s significance lies not just in its 73 articles but in its establishment of a quasi-legislative body (i.e., the Supreme Council of Insurance), which has since issued numerous approvals, particularly concerning the establishment of insurance companies. In addition to general commercial laws that apply to insurance companies, recognized as one form of joint-stock company, two main regulatory streams govern insurance companies. On one side are the special legislative approvals passed by the parliament specific to the insurance sector; on the other, over a hundred resolutions by the Supreme Council of Insurance, a substantial portion of which focus on the establishment and structure of insurance companies. These regulations have brought significant changes to the conditions for founding and organizing such companies, though they have, in some cases, led to disputes. A separate study is needed to examining the legal status and scope of the approvals of the Supreme Council of Insurance. The present research focused on the specific regulations governing insurance institutions, addressing the challenges and ambiguities that arise during their establishment and formation. ConclusionTo establish an insurance company, it is essential to meet the general requirements stipulated in the commercial law, as well as specific conditions. The latter include a certain quorum of founders, the minimum amount of capital, the approval of the provisions in the model statutes, and the verification of the special qualifications of the managers at first. Additionally, specific conditions for the insurance agency must be addressed.
Public Law
Atefeh Moradi Eslami; Mohammad Javad Javid
Abstract
Introduction While the principles of certainty and legal security are foundational to modern legislation, the transition to the digital age and postmodernism has necessitated the adoption of principles such as uncertainty, innovation, and flexibility in some international legal documents due to ...
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Introduction While the principles of certainty and legal security are foundational to modern legislation, the transition to the digital age and postmodernism has necessitated the adoption of principles such as uncertainty, innovation, and flexibility in some international legal documents due to the rapid socio-economic developments driven by technological progress. The assemblage theory, informed by the philosophies of Deleuze, Guattari, and DeLanda, offers a dynamic understanding of the actions and network interactions among social actors. This framework facilitates a deeper understanding of institutional dynamics and highlights the necessity of adapting legal dynamics to specific contexts. Literature ReviewRhizome thinking, a concept developed by Gilles Deleuze, offers a critical perspective on the tradition of Western philosophy. Deleuze critiques the tree-like, vertical, and prescriptive structure of thought that is rooted in the concept of being, advocating instead for a horizontal, networked, and becoming structure as the foundation for thinking and knowledge. He employs the metaphor of the rhizome to illustrate this alternative mode of thought. Manuel DeLanda offers an alternative perspective that builds upon and modifies Deleuze and Guattari’s assemblage theory. From DeLanda’s viewpoint, entities are collections that increase in scale and complexity as components are added. He asserts that sets are the wholes whose characteristics emerge from the interactions between their parts. Given the existing literature, the assemblage theory has been applied in a limited way to explore the requirements of modern society and the social changes that encompass the civilization process in the contemporary societies of the 20th-century. Assemblage thinking has emerged at the forefront of a paradigm shift, viewing space and agency as the product of connections between humans and non-humans that create unstable wholes. This shift provides new avenues for rethinking the relationships between power, politics, and space from a more processual and socio-material perspective. In recent years, an increasing number of researchers have begun to view the state as a collection of heterogeneous elements, reconstructing the socio-material foundations of its functioning. Geographers, in particular, tend to focus on examining the spatial dimensions of state power. It appears that jurists are among the last groups of scholars to engage with the phenomenon of post-modernism while continuing to adhere to the principles of modern law. Materials and MethodsThe present study relied on a descriptive–analytical method to examine the feasibility of understanding institutional dynamics in the rule of law process, focusing on the epistemology and sociology of the assemblage theory as articulated by three key figures of this school of thought: Gilles Deleuze, Félix Guattari, and Manuel DeLanda. Results and DiscussionAccording to assemblage theory, policymaking is conceptualized within a social-material framework known as assemblage. In this approach, process and non-linearity serve as the main forms of policy development. Various actors—including local residents, interest groups, local institutions and authorities, the media, national governments, and sometimes international agencies—contribute to the formulation of policies and laws. The development of policy processes does not follow a linear path; it is not simply a matter of information flowing down the hierarchy from policymakers to citizens. Moreover, it does not consist of a linear sequence of activities over time, such as moving from the formulation of agenda to the approval and implementation of the law. In this sense, politics is not viewed merely as policymaking or as doing politics; rather, it is understood as the occurrence of politics within a multi-level, heterogeneous complex network. The network comprises a set of different non-linear processes, including different agencies and motives. Consequently, this approach contrasts sharply with traditional models of policymaking and legislation, defining itself as fully participatory.During the transition to the digital age, the rule of law has faced challenges due to the rapid pace of technological advancement, leading to philosophical and procedural revisions. Consequently, the law, which was once considered the foundation of political authority, is undergoing criticism and transformation in response to the emergence of new political actors and shifting rules of the game. Critics of innovation-related harms often advocate for risk-based regulation. Many scholars in law and technology agree that fostering innovation requires a gradual, reflexive, and participatory regulatory approach that incorporates rules from both the public and private sectors. However, due to the uncertainties surrounding innovation policy, some argue that the public sector must fundamentally shift its orientation toward adaptation, co-evolution, agility, and improvisation, resulting in policy recommendations that governments often find contentious. The philosophy of public law must evolve alongside the needs of governance to provide a foundation that aligns with these developments, ensuring that the public interest is not sacrificed to the rapid pace of change or the trial-and-error approaches of policymakers. In this context, the French theory of assemblage, as a postmodern school of thought, has elucidated the interaction between formal and informal institutions in society through a deconstructive approach. Based on the work of Deleuze, Guattari, and DeLanda, the assemblage theory offers a dynamic understanding of the roles and network interactions of social actors, providing a framework for understanding institutional dynamics. ConclusionBy identifying the creative interactions between social institutions, the assemblage theory paves the way for a dynamic interpretation of emerging legal situations and offers a means to overcome the institutional inertia present in legal traditions—the tradition that inherently resists change and often fails to respond timely and appropriately to institutional developments. Updating the legal doctrine to align with contemporary considerations of citizenship, good morals, and public order can yield more precise responses to emerging issues. Moreover, this proactive approach can help prevent creative compliance and the circumvention of the rule of law under the pretext of urgency and emergency situations.
Public Law
Abdollah Ghaderi; Haneh Farkish; Arkan Sharifi
Abstract
IntroductionAs a fundamental human right, the right to peaceful protest has always been the focus of governments. Therefore, after studying the concept and the legal framework concerning the exercise of this right according to the international documents, the constitution, important international principles, ...
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IntroductionAs a fundamental human right, the right to peaceful protest has always been the focus of governments. Therefore, after studying the concept and the legal framework concerning the exercise of this right according to the international documents, the constitution, important international principles, and standards, and also after examining theories of welfare and social contract, this essay has considered the theory of relative deprivation (the most complete theory proposed so far) as the basis of general dissatisfaction and then, by stating the importance and application of the right to peaceful protest and examining this right at the domestic level (according to Article 27 of the Constitution), it has tried to reach new findings that have not been accepted so far. In the following, by discussing and examining the standards for the implementation of the said right has been regarded and through referring to international documents, books, articles, theories, and especially the universality of human rights, the importance and enforceability of the rights contained in international documents, especially the International Covenant on Civil and Political Rights has been emphasized so that the governments be adherent to their international obligations. The right to peaceful protest, which has been recognized in Article 20 of the Universal Declaration of Human Rights, Article 21 of the International Covenant on Civil and Political Rights, and other international and regional documents, is a compound right that includes rights such as the freedom of opinion and expression, right of Self-determination, freedom of organization and association, etc. Therefore, the right to peaceful protest is specific to societies that follow a system of democracy, and accordingly, governments are required to provide the necessary preparations, platform, and space for its implementation given their responsibility to facilitate the implementation of human rights. These governments work to the benefit of the nation and should not put restrictions on this right in ways such as requiring permission or strictly monitoring peaceful protest gatherings by violating the privacy of the protesters, which effectively brings the implementation of the right of peaceful protest to a dead-end. Literature Review2.1. GharibNawaz in his book entitled Civil Liability of Persons in Public Protests (2015), examined the issue from the perspective of private rights and determined the situation where damages are caused by public protests and the loss is not compensable in the usual ways.2.2. Eslami and KamalVand in their article titled "Challenges of freedom of assembly in Iran's legal system in the light of the international human rights system"(2013), criticized and examined the freedom of assembly according to international legal documents, and examined the characteristics of gatherings (according to Article 27 of the Constitution), and also the restrictions limiting this right. They have reached the conclusion that the said right should be guaranteed and supported because it is a natural right and belongs to all people. MethodologyThe current research was carried out in a descriptive-analytical way, by describing various international and domestic laws and documents, as well as analyzing the various forms and criteria in governance aims to achieve a conclusive result in the pursuit of the right to peaceful protest. ConclusionIn the domestic legal field, considering the constitution and regarding the theory of relative deprivation as the main basis and criteria, it should be stated that failure to observe principles such as Article 59 of the constitution has been an important factor in dissatisfaction and the feeling of relative deprivation. Thus, by attracting the attention of the authorities to the need fot making important and decisive decisions in line with the implementation of this right, it would be possible to manage and minimize any dissatisfaction and feeling of relative deprivation in society. Another solution is to pay attention to \ Article 27 of the Constitution, which is in accordance with Article 20 of the Universal Declaration of Human Rights, Article 21 of the International Covenant on Civil and Political Rights, and international standards, and if it was necessary to include other conditions, the honorable legislator would have predicted so. According to the international standards and the practice of certain countries (including Germany) which have recognized the mere notification of a peaceful protest rally to be sufficient, and considering the mandate of the constitution, if there is a protest rally without a permit, but notification has already been made, we should consider such a gathering as legal and provide the legal support of the government. Concerning the matter of the foundations of Islam which is a precondition for the legality of gatherings in Article 27, one should try to have an interoperation in line with the benefit of the nation to do public good, and instead of expanding the scope of the mentioned clause, try to limit its examples so that citizens can protest peacefully while maintaining observing a specific legal framework. Regarding the actions taken by the officials and officers’ executive actions, it must be mentioned that they should try to manage the peaceful protest gatherings as best as possible by exercising discretion and balancing between the interests and the results of their actions so that there is no room to violate the rights of the protesters as well as third parties. Now, according to the above-mentioned, the absence of a Constitutional Court is sensed even more than before, and with which many problems would be solved, including determining the matters that disturb the foundations of Islam and the need to take permission. Finally, in the international arena, the lack of an Asian human rights institution or a court to manage and exert pressure on the governments of the region to meet their human rights obligations is felt more than ever. Considering the fact that most of the governments in the region are Islamic, it is a good idea to look for theinherent dignity of people and human rights in international documents instead of referring to the religion of Islam and especially the Holy Quran. On the other hand, with the expansion of the interactions and relations between countries, the existence of such an institution can solve many problems and fill many legal gaps.
Public Law
Mohammad Mahdifar; Faezeh Rafatnejad
Abstract
IntroductionThe freedom of assembly and procession is a fundamental civil and political right recognized in numerous human rights documents and legal systems, including that of the Islamic Republic of Iran (IRI). The question arises as to what specific stance the IRI’s constitutional law takes ...
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IntroductionThe freedom of assembly and procession is a fundamental civil and political right recognized in numerous human rights documents and legal systems, including that of the Islamic Republic of Iran (IRI). The question arises as to what specific stance the IRI’s constitutional law takes on this kind of freedom. In this respect, the current study aimed to clarify the relationship between Principle 27 of the Constitution and other principles. Using a jurisprudential and legal analysis, the research sought to examine the position of Principle 27 within the broader context of the IRI’s Constitution. The analysis was to evaluate the right to assembly and procession in the Iranian legal system, offering insights into the ideal legal standard for freedom of assembly and procession. Literature ReviewThe Persian legal literature provides valuable but limited research on this topic, highlighting a notable gap in analytical approaches to examining the issue. To address this gap, the present study employed an analytical framework grounded in jurisprudential and legal analysis. Materials and MethodsAs a qualitative inquiry, the present study used a library research method to collect the data. Moreover, a jurisprudential and legal analysis was conducted to analyze the data and examine the position of Principle 27 within Iran’s constitutional law. Results and DiscussionThe findings revealed several key insights. First, Principle 27 of the Constitution of the IRI, grounded in religious teachings and aligned with international and regional human rights documents, it recognizes the right to freedom of assembly and procession with minimal restrictions. Second, understanding the absolute right embedded in Principle 27 within Iran’s broader legal framework requires a holistic view of the Constitution and an assessment of how it relates to other constitutional principles. The analysis of this relevance revealed the universality of the right to freedom of assembly for all citizens, showing that it extends beyond the two specific restrictions stated in Principle 27. Finally, a review of domestic legal documents and executive procedures revealed contradictions with the theoretical field of constitutional rights in Iran. These legal frameworks, contrary to the constitutional perspective, adopt a permit-based approach that is notably stricter than similar systems in other permit-based legal systems. Moreover, the study advanced the argument that the lack of legislation on the part of the Islamic Consultative Assembly (the Iranian Parliament)—concerning the right of all citizens to hold assemblies and processions—does not render such gatherings illegal. If an assembly or procession does not conflict with the governing laws within the legal framework of the IRI, it is considered legal under Principle 27 of the Constitution. ConclusionA holistic view of the Constitution requires that the right to freedom of assembly and procession outlined in Principle 27 be considered in conjunction with other constitutional principles. The application of Principle 27, which is subject to two specified restrictions, falls under the jurisdiction of ordinary law tasked with determining issues such as the implementation procedures, conceptual scope, mechanisms for ensuring compliance, and guarantees against violations. In this context, valuable insights can be gained from historical interpretations, such as an analysis of the debates among members of the Assembly of Experts for the Constitution, to reveal the intent behind drafting Principle 27 as well as the historical, political, and social contexts at the time. Additionally, early experiences and real-world implications of either overly broad or overly restrictive interpretations are crucial for establishing the right to assembly and procession. These insights can inform the principles and conditions necessary for relevant legislation that can effectively embody this fundamental right, helping to institutionalize, stabilize, and strengthen it in future legal procedures.There are several important points to mention. First, the freedom of assembly and procession recognized in the Constitution is incompatible with the permit system. On the one hand, it is essential to uphold the universality of this freedom, which should not require obtaining permission for its exercise. On the other hand, the reluctance of the members of the Assembly of Experts for the Constitution to specify restrictions that would put the fate of assemblies in the hands of the government suggests that it is not feasible to orient Principle 27 of the Constitution toward a permit-based approach through ordinary law. Second, the right to assemble should not be restricted to a specific group. Principle 27 recognizes the right to assembly as a civil and political right for all citizens. Limiting this right to certain groups, such as legal political parties, contradicts the meaning and rationale of this principle outlined in the Constitution. Third, there should be maximum reservations regarding the prohibition of gatherings. In cases where a gathering or procession conflicts with restrictions such as public order, the legislator should refrain from declaring a ban or dispersing the gathering as the first response; this should only be done as the last resort. It is important to emphasize that the freedom of assembly must be protected to the greatest extent possible. Any restrictions should be imposed only to the extent necessary to manage the situation, rather than resorting to prohibitions as an immediate response. Fourth, clarity in the text of the law is essential. This principle, which generally governs the drafting of legislation, should also apply to laws related to Principle 27. Specifically, any interpretable limitations—such as the cases causing disturbances to the foundations of Islam—should be clearly defined in the law. Failing to do so will undoubtedly create problems for citizens in exercising their rights and may hinder the administrative police and judicial officials in fulfilling their duties. By precisely specifying all processes and avoiding vague language, the rights of all parties can be effectively protected from violations.
Public Law
Mohammad Amin Abrishami Rad
Abstract
IntroductionArticle 4 of the Constitution of the Islamic Republic of Iran has determined the jurists of the Guardian Council as the competent authority to exercise religious supervision over the application of the general principles of the Constitution. According to this article, "All civil, criminal, ...
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IntroductionArticle 4 of the Constitution of the Islamic Republic of Iran has determined the jurists of the Guardian Council as the competent authority to exercise religious supervision over the application of the general principles of the Constitution. According to this article, "All civil, criminal, financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic standards. This article governs [deciding] the generality or specificness of all articles of the Constitution as well as other laws and regulations, and it is up to the jurists of the Guardian Council to determine this matter."In recent years, the jurists of the Guardian Council, in the exercise of their competence, have accordingly limited or allocated some of the articles of the Constitution by providing "direct and explicit Sharia interpretations" or "indirect and implicit Sharia interpretations".Assuming the competence of the Guardian Council jurists to supervise the implementation of the Constitution, one of the issues that must be discussed and investigated is the limits of the Guardian Council jurists’ power in exercising this competence.Research Question(s)To what extent can the jurists of the Guardian Council restrict the articles of the Constitution? Literature ReviewThis research topic has had no precedent thus discussing this matter is completely novel and new. MethodologyThis study tried to ask the question above by identifying the examples of this authority and analyzing them with a descriptive-analytical method. ResultThe research proved that, although the assumption of the absolute and unlimited competence of the Guardian Council's jurists to exercise Sharia supervision over the articles of the Constitution can be useful and effective in taking advantage of purposive interpretations that also consider the evolution of the legal system, this view can be criticized and unacceptable for various reasons.One error in this view is that complete discretion might lead to a violation of the intention of the writers of the constitution; because the majority of the members of the committee in charge of the final review of the constitution were among the faqihs and were Islamic scholars, they paid attention to Sharia when drafting the articles of the Constitution. On the other hand, before the referendum was held and the people voted on it, the draft of the constitution was approved by Imam Khomeini (RA) as a faqih; therefore, the claim that the writers of the Constitution have approved matters that may be in violation of the Sharia rules and Imam Khomeini (RA) also approved them and put them to referendum is not acceptable.On the other hand, the assumption of such absolute authority for the jurists of the Guardian Council is contrary to the necessity of maintaining stability and coherence in the Constitution as a national covenant. Prevalence of this view may cause instability in the coherence of Iran's Constitution. Also, this view will make it impossible to use the capacity to revise the Constitution, which is already set out in Article 177 of the Constitution.Therefore, to protect the status of the Constitution in Iran’s political system, it is necessary to assume the legitimacy of the content of the Constitution, and presume that the competence of the jurists of the Guardian Council interpret the Constitution is limited to the cases which the drafters of the Constitution have overlooked or neglected in the process of approving that article. Therefore, the jurists of the Guardian Council cannot declare the specific rules of the constitution as contrary to Sharia or to limit the general articles of the Constitution. ConclusionBased on the mentioned rule, if there is a conflict between the Islamic approach of the drafters of the constitution and the approach of the jurists of the Guardian Council, the approach considered by the drafters of the constitution should be adhered to. Also, Sharia supervision cannot in any case modify the structure or the mechanisms defined in the constitution or introduce a new structure in contrast with the existing structure.
Public Law
Fardin Moradkhani
Abstract
IntroductionScholars have offered various interpretations of the constitution as one of the most important concepts in law. Understanding these perspectives can contribute to a better understanding of the constitution. One such interpretation is the legal conception, which considers the constitution ...
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IntroductionScholars have offered various interpretations of the constitution as one of the most important concepts in law. Understanding these perspectives can contribute to a better understanding of the constitution. One such interpretation is the legal conception, which considers the constitution as a text and the supreme document within the legal system, safeguarded by political or judicial authorities. In the legal conception, the role of the guardian of the constitution is especially significant, with the judiciary branch holding primary importance among the branches of power. In contrast, the political conception of the constitution sees it as a contested arena for political actors, aiming to unshackle it from the monopoly of judges and jurists. This perspective tends to emphasize not only the text of the constitution but also the existing reality and political climate. Literature ReviewThere appears to be limited research in Persian that explores this concept in depth. However, the Persian translation of Martin Loughlin’s Public Law and Political Theory (1992) includes a brief discussion of Griffith and his association with the school of functionalism. Additionally, some relevant aspects of this discussion are covered in Law is Politics, a volume of articles compiled and translated into Persian by Habibollah Fazeli (2021). Materials and MethodsThe current study used the descriptive–analytical method to explore the meaning of the political constitution and examine the transformations it has undergone from its inception to the present day. Results and DiscussionThe study shed light on some of the foundational elements underlying the concept of the political constitution, including republicanism, conservatism, the leftist tradition, functionalism, and Dicey’s theories. It also examined why the concept first emerged in England. Given that the political constitution, like other concepts, is subject to change, the article finally explored its future trajectory and addressed criticisms. Every concept has a history and evolves over time through political, social, and economic developments—and the political constitution is no exception. This concept was first introduced by John Griffith, who argued for a strong link between politics and law, with the constitution as the focal point connecting these fields. Underscoring the significance of the political constitution in his writings, Griffith believed that political decisions should rest with political actors. According to Griffith, reducing political lawsuits to legal judgments actually shifts political decision-making from politicians to judges. Concerned with protecting the English legal system, Griffith opposed certain legal reforms proposed by some jurists, viewing them as potentially rendering the legal system meaningless. Although he outlined the main principles of the political constitution, later generations modified this conception in response to critiques. Figures like Richard Bellamy and Adam Tomkins sought to imbue the concept with a normative aspect, while later thinkers like Martin Loughlin redefined the political within the concept. The present research discussed these key developments in the concept of the political constitution, and delved into the foundational issues, such as its origin.ConclusionThe political constitution encourages moving beyond the text of the constitution to consider the political reality and allow participation from all actors in the political arena. Although first introduced in England, this concept has also influenced the tradition in countries with written constitutions, prompting constitutional theorists to acknowledge factors beyond the text itself and to recognize the profound connection between law and politics. An accurate understanding of the constitution is incomplete without considering real-world political contexts. This discussion holds significant relevance for Iran’s constitutional law, which has been relatively limited theoretically. Greater engagement with constitutional law theories can expand the conception of the constitution to acknowledge new perspectives and approaches. The topics recently raised in Iran’s constitutional law (e.g., unwritten constitutional principles, constitutional procedures, and constitutional customs) need a theoretical foundation, and the concept of the political constitution provides a valuable basis for these discussions. Furthermore, exploring the connection between law and political science provides a critical theoretical framework that can support these ongoing discussions.