Analysis of rationality and jurisprudential-legal logic Review of the Constitution of the Islamic Republic of Iran

Document Type : Original Article

Authors

1 Student of Public Law, Semnan Branch, Islamic Azad University, Semnan, Iran

2 Associate Professor, Department of Jurisprudence and Law, Al-Mustafa Society, Qom, Iran

3 Assistant Professor, Department of Public Law, Semnan Branch, Islamic Azad University, Semnan, Iran

Abstract

The constitution is the mother document and the basis of the unity and solidarity of a nation-state and a tool for determining the central lines and principles, solving problems and macro-management of a territorial unit. Although the principle of stability should be taken into account in such a fundamental text, it is also assumed that with the occurrence of changes and different trends, there should be the possibility and context for a change in the constitution. The main issue and question of the present article is the analysis of the quality of constitutional review in terms of rationality and jurisprudential and legal logic. Accordingly, the question is how to draw the line between stability and change in the Constitution of the Islamic Republic of Iran based on the principles and components of rational and jurisprudential law? According to the preliminary hypothesis, "Using the rational and jurisprudential-legal principles of the Constitution in the Islamic Republic of Iran, although considered as the main legal document of the country, but with the change in the socio-political principles and trends, it is possible to change the current situation." "In its ideal state, it is based on the right to self-determination and the logic of law and government, especially in the context of a referendum, and this is one of the foundations of maturity in the political system in Islam." The research method in this article is explanatory and the method of collecting data and information is documentary-library.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 366-386

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