Constitutional Rights and Liberties in the Islamic Republic
A Critical Review
This study is aimed at analyzing aspects of individual rights and liberties in theocratic systems by examining the Iranian Constitution as a case study. As it will be shown the current constitution (1979) appears to be riddled with several formal and epistemological inconsistencies, arising from its fundamental ideological underpinnings. Surprisingly these have rarely been subject to systematic analysis capable of addressing both the form and content of the Fundamental Law. My previous manuscript in 2014, provided the basis for such an analysis in an academic format. Nonetheless, in the light of recent updates to Iranian normative system, in particular the prevailing Islamic Penal Code, this requires a thorough revision and reinterpretation. In this pursuit, various linguistic, legal, procedural and conceptual tools have been deployed to highlight inadequacies and incoherencies in support of the claim that the country currently lacks clear normative frameworks for guaranteeing basic rights and freedoms, which should be the raison d'être of all fundamental loci of rights. In addition, as it is argued below, serious conceptual flaws in the constitution of the Islamic Republic itself could be regarded as the prime suspect for the systematic violation of basic principles of rights and liberties, rather than an alleged failure to adhere to the constitution as it is often claimed.
Amin, H. (2003). Tārix-e Hoquq-e Iran. Tehran: Dāyeratolmaʻāref Iran Šenāsi Pub.
Axworthy, M. (2013). Revolutionary Iran. UK: Penguin Books. Deraxše, J. (2012). In: Sarvari, Q. X., editor. Politics and Government in the Islamic Republic. Tehran: Imam Sādeq Pub.
Esfad, M., & Mohseni, F. (2000). Hoquq-e Asāsi Jomhoori-e Eslāmi-e Iran. Tehran: Alhoda Pub.
Gramsci, A. (1992). Prison Notebooks. New York City: Columbia University Press.
Hašemi, M. (1994). Hoquq-e Asāsi Jomhuri Eslāmi-e Iran. Tehran: Šahid Behešti University Pub.
Izanloo, M. (2003). Āzādi-e Baiān dar Hoquq-e Asāsi Iran in Āzādi-e Andiše va Baian. Tehran: Tehran University Press.
Katouzian, N. (1998). Mabāni-e Hoquq-e Omumi. Tehran: Gostar Pub. Khomeini, R. (1981b). Islamic Government in Translation by Algar. Berkeley: Mizan Press.
Machiavelli, N. (2000). Discorsi sopra la Prima Deca di Tito Livio. Milano: Einaudi.
Madani, J. (1991). Hoquq-e Asāsi va Nahādhāye Siāsi Jomhuri Eslāmi-e Iran. Tehran: Hamrāh Pub.
Madani, J. (1997). Kolliate Hoghooghe Asāsi. Tehran: Paidar Pub.
Nick Pay, V. (2016). Republican Islam: Power and Authority in Iran. London: I.B. Tauris.
Parpworth, N. (2012). Constitutional and Administrative Law. London: Oxford University Press.
Rahimi, M. (1978). Qānun-e Asāsi-e Iran. Tehran: Amir Kabir Pub.
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