نوع مقاله : مقالات پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشگاه بوعلی سینای همدان، ایران
2 دانشآموختۀ کارشناسی ارشد حقوق عمومی، دانشگاه بوعلی سینای همدان، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The Constitutional Revolution was a great revolution in the institutionalization of the concept of civil rights; Which was diverted by passing through the disputes between the proponents and the opponents in its formation. Hence, the question is, given the challenges of civil rights in the Constitutional Revolution, what is the guarantee of the Islamic Revolution to get out of them? This article seeks to compare the two eras of the Constitution and the Islamic Revolution in the field of civil rights in a comparative way in order to discover its challenges and seeks to answer the above question. The main hypothesis is based on this: in the constitutional era, the emergence of differences between the elites and the deviation of public opinion hindered the development of civil rights and in the Islamic Revolution, the constitutional legislature, considering the roots of this concept in jurisprudential rules, considered ways to expand and develop this concept. The most important findings indicate that in the constitutional era, in addition to the existing differences, in terms of quality and quantity of implementation of the constitutional amendment, absolute monarchy was considered a serious obstacle. After the Islamic Revolution, to compensate for such shortcomings, attention to Islamic jurisprudence and standards as one of the ways to ensure and overcome the challenges of civil rights in the previous systems was considered by the leaders of the revolution and most importantly the constitution as a national covenant and legal document.
کلیدواژهها [English]
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