Right to Resistance in International Documents and Constitutions (With a Look at the Constitution of Iran)

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Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:
History is full of popular struggles against oppression and tyranny. When a government undermines the existing democratic regime and jeopardizes the constitutional order, there is a need for a mechanism to safeguard the rule of the Constitution. To address this, democratic systems worldwide have long recognized the concept of the Right to Resistance (RtR) within their constitutional laws. However, this issue has been overlooked in Iran, leading to a dearth of legal research in this area. This theoretical gap necessitates comprehensive research to advance the public law literature. This article adopts a descriptive-analytical approach to answer this question: What is the position of the RtR IN the international legal system and constitutions, particularly in the Iranian Constitution? The research findings reveal that the RtR is regarded as a fundamental human right within the international legal system. Additionally, this right has been enshrined in numerous constitutional laws due to its dual function (both forward-looking and backward-looking). In the Constitution of Iran, the right to resist can be inferred from the affirmation of "the right to sovereignty and self-determination of the people" or "enjoining the good and forbidding the evil of the people towards the government". Resistance can also be justified as a "non-peaceful assembly" and as a "guarantee of popular implementation of deprivation of rights and freedoms".
Language:
Persian
Published:
Journal of Comparative public law, Volume:1 Issue: 3, 2024
Pages:
42 to 64
https://magiran.com/p2773840  
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