The Constitution of the Islamic Republic of Iran: the field of conflicts and conflicts
Subject Areas : Criminal Law and Criminology
Qasem
Qasemi bivarzani
1
(Assistant Professor of Theology and Islamic Studies, Department of Theology and Islamic Studies, Faculty of Humanities, Rasht Branch, Islamic Azad University, Gilan Branch, Rasht, Iran)
Fariborz
Letafati
2
(PhD student in Islamic Jurisprudence and Law, Department of Islamic Jurisprudence and Law, Faculty of Humanities, Semnan Branch, Islamic Azad University of Semnan Province, Semnan, Iran and Lecturer in the Department of Law, Ahrar Rasht Non-Profit Higher Education Institute, Iran and Teaching Assistant , Department of Law, Faculty of Humanities, Rasht Branch, Islamic Azad University, Gilan Province, Rasht, Iran)
Roqaye
Bahonar
3
(Master's student in Persian language and literature, Department of Persian language and literature, Faculty of Humanities, Ardabil Branch, Ardabil Islamic Azad University, Ardabil, Iran)
Keywords: Conflicts, conflicts, constitution, legal principles,
Abstract :
In the various principles of the Constitution of the Islamic Republic of Iran, there are severe conflicts and conflicts, which can be seen in the principles related to the judiciary, principles 36 and 167 of the Constitution are among them. And the conflicts and conflicts have spread from the text of the constitution to other laws. For example, the ambiguity in Article 167 of the Constitution has spread to Article 220 of the Islamic Penal Code approved in 1392, and this law, which as a normal law should contribute to the transparency, elaboration and future work of the principles of the Constitution, has become a summary and generalization, which is the result of it. The abandonment and inefficiency of Article 167 of the Constitution will be in effect.
1. Sadeghian, Pedram, (BTA), Article 167 of the Constitution (article available on the Internet)
2. Nazarpour, Mehdi (2012), Familiarity with the Constitution of the Islamic Republic of Iran, Payam Noor University Publications, Tehran
3. Khosravi, Hassan (2010) Fundamental Rights 2, Payam Noor University, Tehran
4. Jabari, Mustafa (2007), Fatwa or Law?, A Look at Article 167 of the Constitution, Faculty of Law and Political Science Law Quarterly, Volume 38, Number 3, Fall 1387
5. Ahmadzadeh, Rasool and Elham, Gholamhosein (2017) Drafting and expansion of Article 167 of the Constitution, in the criminal domain, Majles and Strategy Magazine, Volume 25, Number 97
6. Habibzadeh, Taher (Beta), the territory and Article 167 of the Constitution and the permissibility of citing jurisprudence in criminal cases, an article available on the official website of Dr. Taher Habibzadeh