Identifying the Right to Self-Determination in the Constitution of the Islamic Republic of Iran in Light of Constituent Power Theory
| Autor: | Saeb Dast Peyman, Alireza Dabirnia |
|---|---|
| Jazyk: | perština |
| Rok vydání: | 2021 |
| Předmět: |
Law Islamic law KBP1-4860 |
| Zdroj: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, Vol 22, Iss 70, Pp 96-127 (2021) |
| Druh dokumentu: | article |
| ISSN: | 2345-6116 2476-6216 |
| DOI: | 10.22054/qjpl.2020.44912.2197 |
| Popis: | The right to self-determination is amongst the most fundamental rights enumerated in human rights law. In the human rights approach, the wise man has free will and autonomy and the right to self-determination. according to the constituent power theory, the sovereignty of generations of a nation in self-determining cannot be limited in the political - legal structures created by the will of the nation. In this research, it is sought to identify the nature of the right to self-determination in the Constitution of Iran. In this regard, two points were considered: a view based on the supremacy of religion on the political will of the nation and the other one is based on the non-limitation of the will of the nation on right to self-determination. The first viewpoint is not consistent with the readings of the right to self-determination under human rights law. Although the second point is based on the human rights approach, in practice, due to the fact that constitutional principles and political structure of Iran is faced with some challenges, it is necessary for them to be resolved. Otherwise, the right to self-determination is admitted only in theory and there will be no practical effect. |
| Databáze: | Directory of Open Access Journals |
| Externí odkaz: |
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