Founding Fathers and Interpretation of the Constitution

Document Type : Original Article

Authors

1 Department of Law, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran

2 Department of Law, Minab Branch, Islamic Azad University, Minab, Iran (Corresponding Author)

Abstract

Abstract: The constitution is the highest legal document of a country and a guide for the regulation of other laws. The Constitution defines the political principles, structure, hierarchy, position, and limits of the political power of a country's government, and determines and guarantees the rights of its citizens. Although the interpretation of the constitution is not an exception to the general theory of the interpretation of the law, it is particularly dynamic due to its coherence with the text of the constitution and its correlation with political and social issues. Because any authority to oversee the implementation of the law inevitably interprets it, in most of the world's political systems, oversight of the implementation of the constitution and its interpretation has been entrusted to a single authority. What is very important is that in interpreting the principles of the rule of law, one must consider the views and opinions of those who are influential in passing the principles of the rule of law, so as not to deviate from the main and ultimate goal of the principles of the rule of law. In this research, using library resources in a descriptive-analytical method, the effect of applying the opinions and ideas of the Founding Fathers in the interpretive procedure of the competent authorities for interpreting the constitution is analyzed.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 1317-1331

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