جستجوی مقالات مرتبط با کلیدواژه « مقدمه قانون اساسی » در نشریات گروه « علوم انسانی »

Today, the use of the preamble for various laws, is common in most of the legal systems of the world. The Iranian Constitutional legislator consider a long preamble in 1979. Paying attention to the content of this preamble itself will indicate the importance of this preamble. However, this preamble has been met with unkindness to this day, and even after four decades since the adoption of the constitution, its effects have been neglected. Some opinions about the legal validity of this preamble have always been an obstacle in the way of legal studies about this preamble. Therefore, it seems necessary to study the preamble of the Constitution and examine its legal value and validity by measuring the teachings of the Constitution. This study would not be comprehensive without regard to the status of constitutional preambles in the teachings of comparative constitution. Therefore, the main question of this research is as follows: What is the function of the preambles of the constitutions in the constitutional system and how is its compliance with the preamble of the constitution of the Islamic Republic of Iran? This issue has been investigated by descriptive-analytical method and Finally, it has been concluded that the preamble of the constitution of Iran determines the correct way of understanding of the constitution and the system of the Islamic Republic of Iran. In other words, the preamble is the container of the constitution and has the “validity of constitution”.

The preamble of the Constitution of Islamic republic of Iran contains many norms and provisions dealing fundamental rights and institutional law. We have tried to consider the judicial values of the preamble of the Constitution on“shoray-e negahban” that is the monitory organization in Islamic republic. In this study has been shown that lacking of law-language in content of the preamble of the constitution and emphasis of fonder congress on not being judicial values of preamble, and lacking of “shoray-e negahban’s” procedure, this document has not judicial values.