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:: Volume 5, Number 15 (12-2016) ::
Public Law 2016, 5(15): 27-53 Back to browse issues page
Framed Understanding, Consistency and Interpretation of the Constitution with Emphasis on the Last Paragraph of Principle 4
Abstract:   (893 Views)

Abstract

Preserving the Constitution of the Islamic Republic of Iran and its Islamic nature is the unique role of the Guardian Council. According to the last paragraph of principle 4 of the Constitution, determining the consistency of the laws with Islam is devolved to the jurists of the Guardian Council and Constitutional interpretation to the whole members of this council in accordance with principle 98. Important to examine the efficacy of the last paragraph of principle 4 and principle 98 of the Constitution regarding the legitimacy of the Guardian Council and Framed Understanding, consistency of the laws with Islam and Constitutional Interpretation. This article through a descriptive-analytic method examines the inefficiency reasons and doubts including the Circle doubt regarding the legitimacy of the Guardian Council and addresses the responses. In addition, the hermeneutic is considered in the Constitution and besides proving the impossibility of imposing understanding, personal views and subjective assumptions contrary to the criteria, the approach of the Guardian Council is a kind of purposive and intentional originalism. Having mentioned the problems of devolving the Constitutional consistency of the laws to the authorities on matters of religion (Marja’-e-Taqlid), the uniqueness of the Guardian Council in understanding, implementing and interpreting the Constitution has caused that a committed expert of collective wisdom is in charge of Constitutional interpretation.

Keywords: Principle 4, Constitutional Interpretation, Consistency of Laws with Sharia, Guardian Council, Understanding of the Jurists of the Guardian Council.
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Type of Study: حقوق ایران | Subject: فقه و حکومت اسلامی
Received: 2017/05/31 | Accepted: 2017/05/31 | Published: 2017/05/31
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Framed Understanding, Consistency and Interpretation of the Constitution with Emphasis on the Last Paragraph of Principle 4 . Public Law. 2016; 5 (15) :27-53
URL: http://mag.shora-rc.ir/article-1-467-en.html
Volume 5, Number 15 (12-2016) Back to browse issues page
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
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