Reflection on interpretative approach of the Guardian Council in the light of hermeneutic theories

Document Type : Research Paper

Authors

1 shahid beheshti university

2 . Assistant Professor, Faculty of Law , Shahid Beheshti University

10.22099/jls.2024.49488.5118

Abstract

Hermeneutics is always lost in the search for meaning. The knowledge that the purposes of related to understanding, comprehension, interpretation and impressions looking for in the face of various texts. According to the hermeneutic interpretation approaches comprehensive in achieving "means, The purpose of this paper is to examine the efficacy of hermeneutic beliefs than to Constitution interpretation, in practice it is qualified official method.Constitution the as basic text of the legal system of each country, will be the most important place in the hierarchy of norms, explain need to the approach and cautious harvesting. In the present study, hermeneutic theories in the face of major readings taken on the Guardian Council's interpretation is examined of the constitution and despite official declarations on of fidelity to the text, its approach has developed between the three elements genesis, section, meaning. Council's approach does not give the operating procedures it seems that the Guardian Council, to achieve desirable and useful interpretation(For text-based approach, the author-based or central interpreter), Requires respect for the views of the descriptive terms in the light will be interpreted of hermeneutic Topics to apply it in the words of principles of jurisprudence, The "reality of available interpretation" to the " interpretation truth" of the meaning creation.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 25 June 2024

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