Culmination of Law

Culmination of Law

A comparative study of the approaches of experts and members of the Constitutional Review Council to extra-constitutional principles

Document Type : Original Article

Authors
1 Doctoral student of Public Law, Faculty of Law, Qom University, Qom, Iran.
2 Master of Public Law, Tabriz University, Tabriz, Iran.
3 Associate Professor, Department of Public and International Law, Faculty of Law, Qom University, Qom, Iran.
10.22034/thdad.2022.523349.1678
Abstract
Translation types
Text translation
Source text
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Translation results
Trans-constitutional principles are strategic and unchangeable principles that are maintained by the drafters of the constitution at a certain time, so that future generations do not have the authority to revise them. The founders of the constitution establish such eternal and strategic concepts in the text of the constitution in order to consolidate and maintain the fullness of their political-legal system.
In this research, by descriptive-analytical method and relying on the knowledge of constitutional law in addition to spectroscopy and in other words typology of the attitude of the members of the Constitutional Review Council, different views and readings of constitutional experts on trans-constitutional concepts in 1979 were analyzed. has taken. Although the drafters of the constitution accepted some principles, such as the recognition of religion, as well as generalities, directly and indirectly as principles beyond the constitution, but with deliberation in their speeches, including the deputy speaker, the final review of the constitution The right of the nation to determine its own destiny is also their responsibility to revise the principles of the constitution, but the members of the Constitutional Review Council in 1989 included seven meta-constitutional concepts in Article 177 of the constitution.
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