The ratio between the moral foundations of the Constitution of i.r. iran and modern public law

Articles in Press

Document Type : Research Paper

Authors

1 Associate Professor, Department of Private Law, Qom University ,Qom, Iran.

2 Associate Professor, Department of Public Law, Qom University, Qom, Iran

3 PhD student in public law, University of Qom

10.22034/law.2025.62538.3400

Abstract

In this article, in response to question of the ratio between moral foundations of the Constitution of Iran and modern public law, and with an analytical and comparative method, we show that in Constitution, at the same time, none of ethical approaches of Modern public law, i.e. utilitarianism, deontology & virtueism, have not been absolutely accepted or rejected, However, the constitution has the capacity of combining moral foundations that can organize a kind of "compatible interaction" with approaches in modern public law through the followings: First, in constitution, although man is a becoming creature; But guaranteeing the "high dignity and value of man" and "inalienable sovereignty of man over his social destiny" are included in side of "negation of woman's instrumentality and objectification" in such a way that they can create a kind of interaction and affinity with principle of human purpose - regardless of compatibility or not to evoke complete conformity with principle mentioned in Kant's moral philosophy. Secondly, contrary to the main modern legal and ethical views that are based on social contract, what is emphasized in the link between public law and ethics in the constitution is the primacy of ethical foundations for the social contract and the compatibility of the right to self-determination with ethics by specifying two principles: 1-Commitment of rulers and people to morality 2- Compatibility between social contract and ethics through the originality of the moral rule "Negation of individual or group dominance and all kinds of tyranny, autocracy and monopolization in society".

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 26 April 2025

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