پژوهش تطبیقی حقوق اسلام و غرب (May 2016)
Analysis of the Concept of Representation in the Constitution of the Islamic Republic of Iran A Comparative Approach to Political Thought West
Abstract
The notion of democracy was borne during historical process and politico-philosophical developments in the west and establishment of representative system alongside with acceptance of peoples will, as the source of legitimacy of political system was a result of that thought. In a democratic state, the constitution as a creature of the nation, reflects the will of the people and consequently, all structures and political systems reflect the people's action, accordingly we can not accept the constitution as more important than constituent power. All of the legal and political structures are as a result of the people's action, because non of the established organs and institutions did not follow any previous rule but people are also in a position of principle creators. In order to guarantee the sovereignty of the people, representative system not only shall be established as a methodic form but also supposed as a foundation that legitimate the political power. In a modern approach, the legitimacy of a political system is a concept beyond the establishment of formal representation and representative system should be extended to all organs and political structures. The constitution of the Islamic Republic of Iran has followed the modern pattern, Consequently any interpretation of the representation system should be preserve the founder's position in the highest level.
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