نوع مقاله : پژوهشی (داوری عادی)
نویسندگان
1 استادیار گروه حقوق دانشگاه حکیم سبزواری
2 استادیار گروه حقوق دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
According to the fifth principle of the Iranian constitution, the governance of the Islamic Republic of Iran is based on the theory of wilāyat al-faqīh (guardianship of the jurisprudent). In the political jurisprudence of Shīʻah, there are two different approaches and ideas in order to determine the legitimacy of the jurisprudence called selection and appointment, in which the formation of authority based on each one has its own process. Undoubtedly, the ruling political thought and its whyness will affect other government institutions. This study first describes the process of authority formation based on the two theories of selection and appointment and then analyzes the effects and consequences of each of the two theories on the issue of legislation and criminalization. In the end, by using the descriptive-comparative method, it was concluded that there is conformity and alignment with the theory of selection in the laws of Iran’s criminal system. But regarding its compliance with the theory of appointment, not only there is no alignment, but it can be said that there is a definite opposition and it is not possible to consider the existing penal system as a product of the appointment theory.
کلیدواژهها [English]
در دست اقدام ...
)