An Investigation into the Relation of Rule of Law in the Terminology of Constitution and that of the Legal System of I.R.I

Document Type : Research Article

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Abstract

The discourse governing new public law can be traced, in a way, in the thought of the law-oriented state. According to this discourse, all political institutions of the state should follow legal rules. Apart from studying the analytical foundations of the rule of law, the present article refers to current views in this regard and the possibility of applying it to the legal system of the I.R.I. Stressing the constitution, the basic foundations and principles of Iranian constitutional law, and the basic foundations and principles of human rights, the article also studies the principles of the rule of law as well as the formal and material features of the law-oriented state in the legal system of the I.R.I. Studying different governmental systems as rival ones in terms of the rule of law, the second part of the article deals with the theory of relativity of the rule of law in governmental systems and the possibility of accepting it. It concludes with the point that the objections raised concerning the abuse of the rule of law are also found in other countries.

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History

  • Receive Date: 05 August 2012
  • Revise Date: 28 October 2012
  • Accept Date: 10 December 2012

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