The Theory of National Sovereignty in the Constitution in Light of the Requirements of the International Legal System
Keywords:
National sovereignty, constitution, Islamic Republic of Iran, international lawAbstract
One of the most fundamental topics in constitutional law is "sovereignty." In this descriptive-analytical study, "national sovereignty" has been selected as one of the subcategories of the broader concept of sovereignty, and its position in the Constitution of the Islamic Republic of Iran has been examined and analyzed. The aim of this research is to answer the following questions: What are the foundations of sovereignty in the legal system of pure Islam? What type of sovereignty has been accepted by the Constitution of the Islamic Republic of Iran? How are popular sovereignty and religious sovereignty compatible with each other? Do the people confer legitimacy upon sovereignty in the Islamic Republic, or not? What effect does the principle of elections, as an immutable principle, have on sovereignty? Is sovereignty attributed to God? Is sovereignty attributed to the people? Is sovereignty attributed to the Supreme Jurist (Vali-e-Faqih)? How are the majority vote and the opinion of the Supreme Jurist reconciled in a theocratic government? The findings of the research show that referenda and plebiscites (Article 59), the election of the Leader and the Supreme Jurist through a two-tiered process (Article 107), the election of the President (Articles 114 and 117), the election of the members of the Islamic Consultative Assembly (Articles 58 and 62), the election of local council members (Articles 7 and 100), the election of the members of the Assembly of Experts (Article 108), and the approval or rejection of the Constitutional Revision Council’s decisions (Article 177), are all manifestations of national sovereignty as enshrined in the Constitution.
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