The theory of national sovereignty in the constitution in the light of the requirements of the international law system

Abstract

One of the most basic issues of constitutional rights is "sovereignty". In this descriptive-analytical research, "national sovereignty" has been selected as one of the sub-branches of the discussion of sovereignty and its place in the Constitution of the Islamic Republic of Iran has been examined and analyzed. The purpose of this research is to answer these questions: What are the foundations of governance in the pure Islamic legal system? What kind of sovereignty does the constitution of the Islamic Republic of Iran accept? How is the rule of people and the rule of religion compatible with each other? Do the people give legitimacy to the rule in the Islamic Republic system or not? What is the effect of elections as an immutable principle in governance? Does sovereignty belong to God? Does sovereignty belong to the people? Does the sovereignty belong to the jurist? How are the majority vote and the legal guardian's vote compatible with each other in provincial government? The findings of the research show that the referendum and plebiscite (principle 59), the election of the leader and legal guardian (principle 107), the election of the president (principles 114 and 117), the election of the representatives of the Islamic Council (principle 58 and (62), Election of members of local councils (principle 7 and 100), election of MPs and leadership experts (principle 108) and approval or disapproval of the approvals of the Constitutional Review Council (principle 177) are among the manifestations of national sovereignty in the constitution.