Feasibility of Democratic Guarantees in the Principles of the Iranian Constitution
Subject Areas :Khodadad Bahiraei 1 , Hossein Monavari 2 , Ali Faghih Habibi 3
1 - Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
2 - Department of Law, Shahre-Ghods Branch, Islamic Azad University, Shahre-Ghods, Iran
3 - Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
Keywords: Democracy, Separation and Balance of Powers, Fundamental Rights, Legitimacy,
Abstract :
In today's era, there are few governments willing to consider their sovereignty based on domi-nation and force, or hereditary rule and not claiming legitimacy due to the acceptance and support of the people. Although many governments maintain the appearance of democracy (show elections, puppet parties) have an absolute and authoritarian nature. Therefore, observ-ing the principles and determining the principles in the constitution along with the guarantee of implementation is a necessary and sufficient condition for the establishment of democracy in any country. Which provisions of the constitution have satisfied the establishment of de-mocracy in the constitution of Iran? This is the question of this article. The dual control and restraint of power (separation of powers on one hand and the creation of a supervisory body to supervise them on the other) is to control power (check & balance system) and prevent the body of power from violating legal limits and attacking democracy. The following items are among the important means of guaranteeing democracy in Iran's constitution. judicial super-vision (prosecution of crimes caused by abuse of power and civil responsibility); political sur-veillance (investigation, questioning, impeachment); Hierarchical supervision and public su-pervision (parties, publications, commanding good and forbidding evil, principle 8).
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