نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
2 گروه حقوق عمومی دانشکده حقوق و علوم سیاسی دانشگاه تهران، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The Supreme Council of the Cultural Revolution has affected the fundamental order of the country and the text of the Constitution of the Islamic Republic of Iran. This is because, contrary to initial assumptions, we are not dealing with a merely advisory and policy-making assembly. The analyses presented in this article, viewed through the lens of the Council's evolution over the past four decades, demonstrate that we are in fact dealing with a political institution that has taken root in Iran's political power structure and has become — at the very least — an institution of equivalent standing to the Islamic Consultative Assembly (Parliament), which the Constitution regards as the sole legislative authority. Although no trace of this Council exists in the text of the Constitution, examining it is nonetheless necessary — and this necessity is grounded in a neglected body of scholarship that scholars such as the late Seyyed Abolfazl Qazi introduced into Iranian constitutional law, according to which constitutional law must, in addition to the text of the constitution, also engage with political institutions. The Supreme Council of the Cultural Revolution has brought about transformations from two angles — the rights of the nation and the regulation of power — which in principle constitute the core subjects of any constitution. These transformations can be studied through the newly introduced conceptual framework of "constitutional dismemberment." It is therefore to this question that we turn, in order to clarify whether the aforementioned effects can be characterised as constitutional dismemberment.
کلیدواژهها [English]
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