نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Modern public law is far more than a mere collection of rigid administrative rules; it is an epistemological constellation built upon the continuous interaction between three fundamental pillars: the Individual, the Right, and the State. Utilizing a descriptive-analytical methodology, this research elucidates this triadic dialectic and demonstrates how the developments of the Enlightenment era, by transcending political theology, elevated the human position from a subjugated subject to a right-bearing citizen. In this trajectory, individualism, grounded in the primacy of reason and inherent dignity, led to the emergence of civil society - an bulwark against totalitarianism that monitors the organization of power through the public sphere. The findings indicate that within a right-based paradigm, political power is not the creator of rights but is indebted to a social contract whose sole purpose is the protection of natural rights (life, liberty, and property). Consequently, state authority becomes conditional and delegated in the face of the legitimate expectations of citizens. Ultimately, the study emphasizes that constitutionalism, by establishing the Supreme Law and the structured distribution of powers, culminates the legal limitation of authority, transforming the state into the guardian of an order to which it is simultaneously a creation and a subordinate. This triad, constitutes the primary foundation of contemporary democratic systems and serves as the defining characteristic distinguishing modern public law from traditional and authoritarian models.
کلیدواژهها English