Concept of Modern Constitution and its Conceptual Requirements

Abstract

In the system of the Islamic Republic of Iran, despite the acceptance of the description of the republic for the system and the adoption of an important legal framework of the "Constitution", it seems that the requirements of this description and format have not been carefully and completely considered and elaborated. However, by diluting its concepts, it is thought that the necessary alignment can be easily created. A review of the Islamic Republic's forty years of experience shows that many challenges are the result of such an easy-going approach. In this article, we intend to show that the Constitution is not a neutral and flexible document at the disposal of the ruling power, and its basic and conceptual requirements must be understood and considered in the context of modern public law. Therefore, the Constitution is one of the fundamental concepts of modern public law and is therefore considered as the object or result of the "social contract", the indication of the primacy of freedom over power, and a document and text of the "present" that must be interpreted dynamically and up-to-date, taking into account public opinion. At the same time, it cannot be interpreted in a way that ignores or diminishes the basic principles of modern public law, such as the legality of crime and punishment, or the limitation of power and the incompetence of public authorities.

Keywords

• constitution
• dynamic interpretation
• freedom
• modernity
• social contract