Analysis of the legal system of the Islamic Republic of Iran from the perspective of a legitimate constitutional discourse

Document Type : Original Article

Authors

1 Faculty of Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran

2 uni

10.30510/psi.2023.261724.1385

Abstract

Abstract:
Simultaneous with the formation of the constitutional movement, a movement known as “the legitimate Islamic government” was formed to oppose it. The theoretical foundations of the legitimate constitutional process are based on the theories of Islamic government and are contrary to the foundations of secular governments. Although the proponents of legitimate constitutionalism in the constitutional era were able to insert some of their views into the constitution and other legislation, they by no means liked this minimalist view. However, this movement was able to maintain itself and it thus came to full fruition during the Islamic Republic of Iran with the victory of the Islamic Revolution. In fact, the establishment of the Islamic Republic is the continuation of a legitimate constitutional tradition and the views of people like Sheikh Fazlullah Nouri. Achieving such a view is possible by examining the theoretical foundations of the system of the Islamic Republic, which include Velayat-e-Faqih and legislation based on Sharia or religion. Meanwhile, the fact that the leaders of the revolution and the authors of the constitution have the same opinions as the theorists of legitimate constitutional theory supports this view.

Keywords: Legitimate Constitution; Islamic Republic; Religious Legislation.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 742-758

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