Document Type : Research Paper
Author
Graduate of a PhD in Public Law, University of Qom, Qom, Iran
Abstract
With the emergence of diverse perspectives on the state, various roles have been defined for it. The perfectionist approach considers the state as the primary guide of society, which, by discerning the best interests of individuals, directs society towards felicity. In contrast, the neutrality approach to the state, by distinguishing between the good and the right, and the private and the public, deems the state responsible for creating a framework within which citizens pursue their own conceptions of the good. Neutrality represents a novel approach to rethinking the competence of states. The Constitution of the Islamic Republic of Iran, despite possessing strong perfectionist concepts, is not devoid of neutral notions. This paper addresses the question of whether a neutral reading of the Constitution can be presented and what its foundations are. It seems that principles such as constituent power, autonomy, freedom, equality, and popular sovereignty in the Constitution form the basis of a neutral approach and can serve as rivals to perfectionist principles. Employing a descriptive-analytical method, this article examines neutrality, its foundations, and its indicators within the Constitution of the Islamic Republic of Iran.
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