ABSTRACTS
Law and
Revolution; An Analysis of the Raison d’Etre of the Constitution in the
Practice of Imam Khomeini
Dr. Asghar
Eftekhari
In spite of the
inclination of most revolutionary movements to monopolize power and their
reluctance to follow a legally based definition for enforcing that power,
the experience of the Islamic Revolution shows a totally different trend.
Imam Khomeini is considered to be a staunch proponent of the establishment
of a constitution. Hence, an analysis of his decision is important and can
be meaningful for the present time. This article tries to discuss some
aspects of the raison d’etre of the constitution as attempted by Imam
Khomeini, and show its implications. This analysis can be valuable for the
existing political factions and groups since it urges them to feel committed
to and safeguard the constitution as a national charter which can direct
their thoughts and practices. Any breach of its precepts is therefore
against Imam’s logic. To this end, the writer has expounded on the raison
d’etre of the constitution according to Imam Khomeini in two ways: one is
based on the theory of rational selection, and the other is based on
religious and political necessities.
Key
expressions: The constitution – Imam Khomeini – rational selection – political
opposition – justice – political strife – the Islamic Republic
A
Consideration of the Theoretical Capacity of the Constitution of the Islamic
Republic of Iran.
Seyyed Reza
Shakeri
The
constitutional law is one of the most important modern political
institutions and references for the structural changes of the government,
and a source of political institutionalization in countries. From the
political point of view, the latter’s process would become less costly if
the epistemological and conceptual atmosphere of the constitution had more
explicitness and integrity. The constitution of the Islamic Republic of Iran
is worthy of notice in this regard. In other words, one has to have frequent
references to this law in order to obtain an understanding of its capacity
and to lead the society in proportion to a national charter. Needless to
say, any sort of pathological examination in the field should be carried out
on the basis of full commitment to the constitution which is a subject of
study in this article.
Key
expressions: The constitution – political theory – political institutionalization
– the Islamic Republic of Iran – the Assembly of Experts.
Aspects of
People’s Sovereignty in the Ponstitution of the Islamic Republic of Iran
Dr. Jalal
Derakhsheh
Discussion
about sovereignty in the history of human thought coincides with the
formation of the first governmental organizations. A basic question raised
in political and legal considerations deals with the origin and foundation
of power and authority of governments. There are two trends of thought
involved; one believes in the divine sovereignty, the other refers to
people’s sovereignty. This article intends to clarify the concept of
political sovereignty and its pertinent theories, by a specific elaboration
of the issue in the constitution of the Islamic Republic of Iran and its
manifestions in society.
Key
expressions: sovereignty – the constitution – the Islamic Republic of Iran –
Democracy – Legitimacy.
Religious
Democracy and the Rights of the Minorities in the political Theory of Imam
Khomeini
sharif Lak
Zaee
The present
article is of a secondary and a posteriori type, not primary and a priori.
Thus, the writer intends to apply some issues of Imam Khomeini’s thought to
a specific subject. The discussion centers around the rights of religious
minorities and sects i.e Zoroastrians, Jews, Christians and Sunnis, as
portrayed in Imam Khomeini’s view of religious democracy. What is the scope
of these rights? Does it exclusively involve devotional practices or it can
be extended to political ones as well? In sum, do these groups enjoy a just
and equal treatment in comparison with the majority? Religious democracy, as
pictured in the article may rely on either God’s or people’s consent. In
other words, the type of political system considered by Imam Khomeini needs
the acceptance of people who have chosen it freely and consciously on the
one hand, and the sanction of God and the religious law (Sharia’) on the
other.
Key
expressions: religious democracy – Rights of minorities – civil rights – Velayat
–e– Fagih – religious minorities.
Government
and Social Security in the Constitution of the Islamic Republic of Iran
Abdolrahman
Hassanifar
Providing
social security is a major duty of a political system and government. Its
scope depends on the picture that the system has of governance and its
structure and objectives.
The article
deals specifically with the status of security in the Islamic Republic
Constitution. Based on the Islamic political thought and the necessity of
leading people, the revolution, and its Islamic ideology to prosperity and
salvation, one can picture social and security fields in their judicial,
economic, cultural, political, administrative and military aspects which
reveal the theoretical integrity and all-inclusiveness of governance in the
Islamic system.
Key
expressions: security – social security – government – political system – the
constitution
The
Intellectual Trends in the Islamic Republic of Iran , a Critical Approach
Dr. Mohammad
Mansoornejad
The essence of
the constitution of the Islamic Republic of Iran is the combination of
Islamism and Republicanism, an initiative of Imam Khomeini in the 20th
century. Meanwhile this is subject to a lot of intellectual debates in the
process of time, among which one can pay due attention to some critical
discussions because of their extensiveness and perspectives. Hence, a
necessity for the adherents to this phenomenon to render suitable responses
to the questions raised.
In this
article, the writer discusses the existing intellectual debates and
endeavors to clarify claims about the Islamic Republic model in its two
levels, i.e Islamism and republicanism.
Key
expressions: Republicanism – Islamism – democracy – religion – politics.
Supervision
in the Islamic Republic of Iran
Ali Akbar
Alikhani
In today’s
complex political systems, supervision is an inevitable device, though its
manifestations differ in various countries. According to the constitution of
the Islamic Republic of Iran, the Assembly of Experts which comprises the
representatives of the people by direct voting, supervises the leadership.
The leader himself, besides his supreme role in supervising the three powers
and coordinating them, has a stricter supervision over the judiciary, the
Guardian Council, the Expediency Council and other subordinate institutions.
The consultative Assembly (Majlis) carries out this task in different ways
through legislation, investigating complaints filed against the three powers
(Acts 88, 90 of the Constitution), giving vote of confidence to the cabinet
members, investigating all the country affairs, questioning and impeaching
ministers, and other mechanisms. Meamwhile the auditing court affiliated to
the Majlis has the duty of financial supervision of other powers and
institutions. The judiciary enforces its supervisory right through the court
of Administrative justice, and the National General Inspectorate. Finally,
each power has its own internal supervisory mechanism.
Key
expressions: supervision – Islamic Republic of Iran – The constitution – The three
powers – Islamic consultative Assembly – Assembly of Experts.
