خلاصة:
Introduction The republic stands as the central concept of modern public law, serving as the primary indicator for assessing the proportionality between legal-political systems and contemporary constitutional principles. This study employs an analytical methodology and library research to examine the conceptualization of republicanism in the Iranian Constitution vis-à-vis the foundations of modern public law, particularly the right to self-determination framed within social contract theory. While the notion of republic has roots in pre-modern Western political thought, its contemporary understanding emerged through developments that shaped modern public law. This evolution has produced diverse approaches to conceptualizing republicanism among Western thinkers, with contemporary jurists and political philosophers emphasizing its interconnection with related concepts such as non-domination (Viroli), the common good (Zoller), l'intérêt commun (Odier), general will (Rousseau), and representation (Montesquieu). These conceptual linkages have become increasingly prominent in modern legal and political discourse, necessitating their consideration in any comprehensive analysis of republicanism. When examining the Iranian Constitution as an integrated system of principles, one finds meaningful engagement with various dimensions of republican thought. Notably, despite the constitution's grounding in Sharia principles, it incorporates concepts that resonate with contemporary republican theory. This creates potential for an interactive compatibility between the constitution's framework and modern public law, even if complete conceptual alignment is absent. Methodological Approach This research adopts a comparative analytical framework that examines Western philosophical developments of republican thought, identifies core elements and dimensions of modern republicanism and systematically analyzes constitutional principles and their interpretive possibilities and maps points of conceptual convergence and divergence Key Findings The results reveal that:- The relationship between the Iranian Constitution's conception of republic and modern public law principles is neither contradictory nor fundamentally divergent- While significant differences exist in their foundational premises, the constitution maintains space for constructive engagement with modern republicanism- Republican elements in the constitution are structurally embedded to exercise normative influence in legislation and governance- The text demonstrates capacity to articulate republican concepts in their modern sense, despite theological differences. Conclusion The study demonstrates that while the Iranian Constitution's conception of republic differs substantially from modern Western models, it maintains sufficient conceptual flexibility to permit meaningful engagement with contemporary public law principles. This interactive compatibility suggests that the constitution's republican provisions can function as normative foundations within Iran's legal-political system while remaining open to dialogue with modern constitutional thought. The findings highlight the importance of contextual interpretation in assessing constitutional republicanism across different legal traditions.
ملخص الجهاز:
The present research, using analytical methods and library resources, seeks to compare this concept in the Iranian constitution with the foundations of modern public law (the right to self-determination in the form of a social contract).
Despite the lack of complete conformity between the nature and implications of the modern concept of the republic and the concept of the republic in the Iranian constitution, a kind of compatible and interactive relationship can be inferred between them, such that on the one hand some concepts constituting the republic are included in it, and on the other hand, the republican parts of the constitution (from the perspective of modern public law) are included in it in such a way that not only is it impossible for them to become impossible in other parts of the constitution, but the constitution, as a crystallization of the constituent power, clearly gives the capacity to play a normative role in the legislative stages of the desired legal-political system to the aforementioned parts.
This issue also creates good opportunities to shape a compatible and interactive relationship between the dimensions of the concept of the republic in the Iranian constitution and the foundations of modern public law.
Although the republic in most books and articles by modern authors is more focused on the form of government, the essential effects of this form of government on its values and content are also undeniable, so that today the concept of the republic itself has become a main element of modern public law, without which guaranteeing the right to self-determination through a social contract is impossible.
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