The necessity of passing from "obligation to means" to "commitment to result" in interpreting the obligations of the state in the third principle of the constitution

Document Type : Original Article

Author

دانشجوی دکتری حقوق عمومی دانشگاه تهران، پردیس فارابی

Abstract

The third principle of the constitution reflects the obligations of the government towards the nation. In spite of the prevailing view of commitment by recognizing government commitments, criteria such as some of the third principle clauses, the effective role of the lawyer, some procedures of the Guardian Council, the need to pay attention to the passage of time, in keeping with the new social requirements and, most importantly, the need for interpretation in the interests of citizens all can lead us to interpret these commitments. The government's commitment to civil and political rights and the low category of minimum wage rights are of a commitment-to-result nature. The ability to demand legality and the possibility of citing judiciary opinions and changes in its probative load are proof of the results of the government's obligations.The present article, after analyzing concepts, distinguishes between two types of commitment and proves the result of most of the government's obligations in the third principle, and ultimately expresses the legal merits of the discussion

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