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A Reflection on the Views of Constitutional Law Experts on the Rights and Freedoms of the Nation
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Ali Mashhadi1   , Ali Daraee2 |
1- Professor, Department of law, University of qom, Iran. (Corresponding Author)
2- M.A of Public Law, University of Tabriz، Tabriz, Iran. |
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Abstract: (9 Views) |
| The constitution has two fundamental values: regulation and legal limitation of political power and guaranteeing human rights and freedoms. The basic rights and freedoms of citizens can also be considered the democratic values of the constitution from one point of view. In this article, the authors, using the analytical and descriptive method and using library sources, have tried to explore the various interpretations of the detailed discussion of the Parliament's final review of the 1358 Constitution during the discussion and approval of the relevant principles of the Constitution. have with the mentioned concepts. The basic question is, what was the opinion and attitude of the members of the Assembly of Experts of the 1358 Constitution on the rights and freedoms of the nation? The basic premise of this article in response to the main question is that although the concepts of freedom and human rights have been accepted in the detailed text of the negotiations and the constitution in general, the special circumstances of the 1358 caused a moral understanding of the concept of freedom and It has the rights of the nation and the human rights are accepted according to the conditions of Islamic standards. Moral freedom looks at human freedoms from the point of view of values and dos and don'ts, but fair freedom considers the existence of sufficient legal opportunities necessary for people to enjoy their freedoms and does not care about values. |
Article number: 5 |
| Keywords: Freedom, Democratic values, Nation's Rights, Constitutional Experts, Detailed Negotiations |
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Full-Text [PDF 746 kb]
(2 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/12/15 | Revised: 2026/02/21 | Accepted: 2026/04/19 | Published: 2026/09/23
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