Popular Sovereignty in Political Thought of WEST and Islam; “Democratic System” and “Shari’a Based System in Iranian Constitution”

Popular sovereignty in western political thought, which manifests in a democratic system, begins by identifying the individual as an end. In this school of thought, on one hand, a person has a separate individuality from society and government and is able to provide his or her own definition about t...

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Main Authors: alireza dabirnia, Tayebe Asadabadi
Format: Article
Language:fas
Published: University of Qom 2016-11-01
Series:پژوهش تطبیقی حقوق اسلام و غرب
Subjects:
Online Access:https://csiw.qom.ac.ir/article_933_71891820cb1c83028ffd8069c117571a.pdf
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author alireza dabirnia
Tayebe Asadabadi
author_facet alireza dabirnia
Tayebe Asadabadi
author_sort alireza dabirnia
collection DOAJ
description Popular sovereignty in western political thought, which manifests in a democratic system, begins by identifying the individual as an end. In this school of thought, on one hand, a person has a separate individuality from society and government and is able to provide his or her own definition about the relation between man and universe. Accordingly, the concept of popular sovereignty is intertwined with government representative and in a social contract, people establish the principles of constitution and legitimacy of laws and government are considered as the result of their will and consent. Thus, the most important function of government is to be bound to the representation and guarantee the people’s rights and liberties. A direct relationship can be observed between popular sovereignty and divine sovereignty in religious principles of Iran’s constitution. On one hand, divine sovereignty, is considered as vesting the self- determination right to people by God, as a divine right. On the other hand, people have defined their own destiny within Islamic religious principles, by freely acceptance of sacred principles. So, there is no confliction between religious principles and popular sovereignty, but disputes on sovereignty principles will arises from two different perspectives.
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spelling doaj.art-ec3d8e68f0b941188c2e2e2a4ab8af082024-03-31T19:05:49ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212016-11-0133255010.22091/csiw.2017.2160.1217933Popular Sovereignty in Political Thought of WEST and Islam; “Democratic System” and “Shari’a Based System in Iranian Constitution”alireza dabirnia0Tayebe Asadabadi1استادیار گروه حقوق عمومی دانشگاه قمM.A in public law, university of QomPopular sovereignty in western political thought, which manifests in a democratic system, begins by identifying the individual as an end. In this school of thought, on one hand, a person has a separate individuality from society and government and is able to provide his or her own definition about the relation between man and universe. Accordingly, the concept of popular sovereignty is intertwined with government representative and in a social contract, people establish the principles of constitution and legitimacy of laws and government are considered as the result of their will and consent. Thus, the most important function of government is to be bound to the representation and guarantee the people’s rights and liberties. A direct relationship can be observed between popular sovereignty and divine sovereignty in religious principles of Iran’s constitution. On one hand, divine sovereignty, is considered as vesting the self- determination right to people by God, as a divine right. On the other hand, people have defined their own destiny within Islamic religious principles, by freely acceptance of sacred principles. So, there is no confliction between religious principles and popular sovereignty, but disputes on sovereignty principles will arises from two different perspectives.https://csiw.qom.ac.ir/article_933_71891820cb1c83028ffd8069c117571a.pdfsovereigntydemocracyconstitutionreligious principles
spellingShingle alireza dabirnia
Tayebe Asadabadi
Popular Sovereignty in Political Thought of WEST and Islam; “Democratic System” and “Shari’a Based System in Iranian Constitution”
پژوهش تطبیقی حقوق اسلام و غرب
sovereignty
democracy
constitution
religious principles
title Popular Sovereignty in Political Thought of WEST and Islam; “Democratic System” and “Shari’a Based System in Iranian Constitution”
title_full Popular Sovereignty in Political Thought of WEST and Islam; “Democratic System” and “Shari’a Based System in Iranian Constitution”
title_fullStr Popular Sovereignty in Political Thought of WEST and Islam; “Democratic System” and “Shari’a Based System in Iranian Constitution”
title_full_unstemmed Popular Sovereignty in Political Thought of WEST and Islam; “Democratic System” and “Shari’a Based System in Iranian Constitution”
title_short Popular Sovereignty in Political Thought of WEST and Islam; “Democratic System” and “Shari’a Based System in Iranian Constitution”
title_sort popular sovereignty in political thought of west and islam democratic system and shari a based system in iranian constitution
topic sovereignty
democracy
constitution
religious principles
url https://csiw.qom.ac.ir/article_933_71891820cb1c83028ffd8069c117571a.pdf
work_keys_str_mv AT alirezadabirnia popularsovereigntyinpoliticalthoughtofwestandislamdemocraticsystemandshariabasedsysteminiranianconstitution
AT tayebeasadabadi popularsovereigntyinpoliticalthoughtofwestandislamdemocraticsystemandshariabasedsysteminiranianconstitution