Constitutional Man; Human Nature from the Perspective of the Constitution

Document Type : Original Article

Authors

1 Associate Professor, Department of Public Law, Farabi Campus, University of Tehran

2 Ph. D Student in Public Law, University of Tehran, Farabi Campus, University of Tehran

Abstract

The branches of humanities and social sciences, including law, are inevitably based on a particular view of human nature. The Constitution, as the largest source of the most political branch of law - public law - carries a view of the nature of man, which can be deduced from its principles with the help of the introduction and detailed discussions of the Constituent Assembly. The result of such an effort can help researchers to better understand the ruling legal-political system and the basis of the norms prescribed and the institutions provided for in the constitution. This article tries to answer the fundamental question of what human nature in the perspective of the constitution is, and what the characteristics of a political society composed of human beings in this law are, and the answer of the Constitution of the Islamic Republic of Iran to what and who is human? The findings of this study show that the human being of the Constitution of the Islamic Republic of Iran, in the position of God's creature, considers sovereignty and legislation as his own and submits to his command and regulates his relationship with other human beings and nature according to his divine duty. The Constitution man is inherently a growing person, free and endowed with inherent dignity, and equal to his own kind. The view of the Constitution is that the political society of Iran is united in the circle of belief and governs its social destiny and is growing towards its goal. The Constitution is optimistic about human nature, although it has not ruled out the possibility of crime and error.

Keywords

References

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History

  • Receive Date: 11 December 2019
  • Revise Date: 20 April 2020
  • Accept Date: 02 January 2021

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