Investigation of Freedom Stemma in the Constitution of the Islamic Republic of Iran: A Genealogy Viewpoint

被引:0
|
作者
Sheibani, Adel [1 ]
Dabirnia, Alireza [1 ]
机构
[1] Univ Qom, Fac Law, Dept Publ Law, Qom, Iran
关键词
Freedom; Constitutional revolution; Genealogy; Constitution of the Islamic Republic of Iran;
D O I
10.1007/s11196-021-09871-5
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Among the civilization challenges, recognizing the human freedom and drawing its constraints have continuously been contestable. Hence, the recognition, definition, pledge and delineation of the boundaries of freedom have a special position in the declaration of rights. In the meantime, considering the historical intersection of jurisprudential foundations with the modernist thoughts, defining the concept of freedom and delineating its boundaries will be crucial. This definition provides a groundwork for elucidating and interpreting other Articles via identifying their positions in creating solutions to the problems of public administration. The current study is an effort to recognize the concept of freedom and its boundaries in the constitutional system of the Islamic Republic of Iran via employing a descriptive-analytical method. Our findings indicate that the perception of freedom in the Constitution of the Islamic Republic of Iran is convoluted and interpretable. Because of the existing ambiguities in balancing among the historical concerns, the boundaries of freedom can be redefined based on the temporal and historical circumstances by the pressure of social forces.
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页码:717 / 730
页数:14
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