شناسنامه علمی شماره
نویسندگان
1 دانش یار دانشکده حقوق دانشگاه تهران
2 دانشجوی دکتری حقوق عمومی پردیس قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
No state or political system with legal, social, political, cultural and economic relations can be found in the world in wich the hierarchy of the sources of law is transparent and applied in not that system. The System of the Islamic Republic of Iran is no exception to this rule. The study of such a system with this approach necessitates concentratingon an essential feature i.e. its being Islamic in nature and structure . The above-mentioned feature has given rise to certain requirements in this legal system and has created some changes in the traditional system of the hierarchy of the sources of law according to which the constitution is higher than ordinary law and the latter is higher than executive law. On the one hand, the Shiite jurisprudence has considered the ruling of the Islamic ruler the highest binding source in the Islamic system, and numerous Articles of the Constitution including Article 4 have regarded the Islamic feature of the law as the necessary condition and even in some cases the sufficient condition for its approval and application. In addition, Article 57 of the Constitution has recognized the absolute guardianship and the Imamate of the community which brings to mind the unconditional Superiority of the commands of the Leader.
On the other hand, some legal principles and international rules have emphasized the inalienable superiority of the constitution. In this context it seems that in view of the Islamic nature of the political system in Iran, we can generally say that the commands of the supreme leader are the highest source of law in the IRI. However, if issuing commands as a special stated privilege is delegated in the constitution to the leader, he should observe in it the constitutional framework. Thus the level of his commands in this context is lower than the constitution unless there is a proof to the contrary.
کلیدواژهها [English]
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