A Reflection on the Substantial Constitutionalization ofShahid Beheshti Constitutional Law and Slamic Thought

Document Type : Original Article

Authors

1 Associate Professor, Public &International law Department, Qom University, Qom, Iran

2 Phd. student of public law. University of qom

3 Assistant Professor of Public Law, Faculty of Law, Qom University

Abstract

Substantial constitutionalization is the process of recognizing people's rights in constitutional law. This process is enshrined in the Constitution of Islamic Republic of Iran (IRI) the form of its third chapter. Shahid Beheshti, as an influential person, has had a notable influence on the process of drafting the Constitution, recognizing the rights of the Nation and emphasizing the position of the Islamic legal theory compatible with the conditions of the new world. In this article, we have tried to explain the process of this thought’s impact on and position in formulating the Constitution of the IRI by presenting various evidence from two important generations of human rights. The main presumption of this article is based on the fact that some part of the transcendental concepts set forth in chapter three of the Constitution of the IRI is due to the efforts and reflection of Shahid Beheshti.
Key words: Substantial Constitutionalization, Constitution, Legal Thought, Shahid Beheshti, Rights of the Nation, Islamic Law

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