Explanatory Re-reading of Nationality in The Constitution & its Relationship to Ordinary Rules

Document Type : Original Article

Author

Associate Professor, Department of Law, Department of Islamic Sciences, Research Institute of Hawzah and University, Qom, Iran.

Abstract

Principles number 40 & 41 of the Constitution are devoted to “Nationality”. This matter, apart from indicating the importance and the status of nationality institution, represents the necessity of studying this subject in the field of basic rights as well as the effect of these two principles on ordinary rules concerning the title. However, unfortunately, such a thing has been ignored and neglected by the legislators, expositors of the constitution, and authors of books on basic rights. This matter necessitates the rereading of the two mentioned principles so that ambiguous, or at least implicit, expressions of these two principles can be clarified. On the other hand, by explaining the relationship of these two principles to ordinary rules, specifically, paragraph 2 of article 976 of Civil Law, the necessity of changing and modifying the mentioned paragraph can be clarified by a legislator, and as a result, it can be proved that children born by Iranian mothers are Iranian according to the constitution. Obviously, to achieve this purpose, this article has mostly benefited from the analytical method due to the lack of history of the issue.

Keywords

References

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