Constitutional Rights and Liberties in the Islamic Republic

UKH Journal of Social Sciences

View Publication Info
 
 
Field Value
 
Title Constitutional Rights and Liberties in the Islamic Republic
 
Creator Nick Pay, Vahid
 
Description This study is aimed at analyzing aspects of individual rights and liberties in theocratic systems by examining the Iranian Constitution as a case study. As it will be shown the current constitution (1979) appears to be riddled with several formal and epistemological inconsistencies, arising from its fundamental ideological underpinnings. Surprisingly these have rarely been subject to systematic analysis capable of addressing both the form and content of the Fundamental Law.  My previous manuscript in 2014, provided the basis for such an analysis in an academic format. Nonetheless, in the light of recent updates to Iranian normative system, in particular the prevailing Islamic Penal Code, this requires a thorough revision and reinterpretation. In this pursuit, various linguistic, legal, procedural and conceptual tools have been deployed to highlight inadequacies and incoherencies in support of the claim that the country currently lacks clear normative frameworks for guaranteeing basic rights and freedoms, which should be the raison d'être of all fundamental loci of rights. In addition, as it is argued below, serious conceptual flaws in the constitution of the Islamic Republic itself could be regarded as the prime suspect for the systematic violation of basic principles of rights and liberties, rather than an alleged failure to adhere to the constitution as it is often claimed.
 
Publisher University of Kurdistan Hewlêr
 
Date 2017-12-28
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Research Article
 
Format application/pdf
text/html
 
Identifier https://journals.ukh.edu.krd/index.php/ukhjss/article/view/26
10.25079/ukhjss.v1n1y2017.pp34-45
 
Source UKH Journal of Social Sciences; Vol 1 No 1 (2017): ISSUE ONE; 34-45
2520-7806
10.25079/ukhjss.v1n1y2017
 
Language eng
 
Relation https://journals.ukh.edu.krd/index.php/ukhjss/article/view/26/16
https://journals.ukh.edu.krd/index.php/ukhjss/article/view/26/57
 
Rights Copyright (c) 2017 Vahid Nick Pay
http://creativecommons.org/licenses/by-nc-nd/4.0
 

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