Feasibility of Democratic Guarantees in the Principles of the Iranian Constitution
Subject Areas : علوم سیاسیKhodadad Bahiraei 1 , Hossein Monavari 2 , Ali Faghih Habibi 3
1 - PhD Candidate, Department of Public Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
2 - Department of Public Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
3 - Department of Public Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
Keywords: democracy, Legitimacy, Fundamental Rights, Separation and Balance of Powers,
Abstract :
In today's era, there are few governments willing to consider their sovereignty based on domination 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, observing 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 democracy 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 supervision (prosecution of crimes caused by abuse of power and civil responsibility); political surveillance (investigation, questioning, impeachment); Hierarchical supervision and public supervision (parties, publications, commanding good and forbidding evil, principle 8).
