Islamic Law

Islamic Law

The fundamental values of the Constitutional law of the Islamic Republic of Iran: formulation of the foundations and The purposes of the legal system

Document Type : Original Article

Authors
1 Department of Public Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran
Abstract
The legal system of the Islamic Republic of Iran, like any other legal system, strives to guarantee some fundamental values, and since the constitution is the highest document in any legal system; The mentioned values can be sought through the norms of this great document. Considering that the foundations of a legal system are considered as the origin of its departure and the purposes are also considered as the destination of its departure; The reflection of these values along with the foundations and purposes of the legal system is bolder and more serious. Based on this, this article tries to identify and formulate the Constitutional values hidden in this system of fundamental rights by using the qualitative content analysis method. Finally, as the result of this article, it can be said that the Constitutional legislator values the rule of Sharia, the rule of the people, the independence of the powers, controllability, non-discrimination against the law and guaranteeing the cooperative economy in the field of fundamentals, and also in the field of purposes, fairness and justice, unity and solidarity. Nationally, it has paid attention to preserving the Islamic system, creating a favorable environment for the growth of human beings, as well as political, economic, cultural and social independence.
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