خلاصة:
On December 14, 2004, a symposium titled 'The Sovereignty of the Constitution; Solutions and Obstacles' was held in Tehran at the Conference Hall of Islamic Countries, through the efforts of the Board for Following and Supervising the Implementation of the Constitution. Professor Farzaneh, Mr. Dr. Seyed Mohammad Hashemi, also presented a paper titled 'The Constitution and National Sovereignty' at this symposium. Given that the concept of democracy and its relationship with the Constitution of the Islamic Republic has become an increasing concern, and since the respected professor has criticized and evaluated the aforementioned subject from the perspective of constitutional law, the Journal of Constitutional Law decided to publish the full text of this article. The following writing is the full text of the aforementioned article, which is presented to the esteemed readers after being reviewed and rewritten by the honorable professor.
ملخص الجهاز:
Due to time constraints, I will present points in a list format regarding "The Constitution and Popular Sovereignty," which is the basis of all matters and a fundamental principle.
However, it is interesting to say that the human faculty is intellectual development, and this intellectual development reaches a point where it compels individuals to engage in worthy resistance against such matters and to moderate power in a logical manner.
This means the necessity of rulers' obedience to the law, which ultimately leads us to accept the responsibility of the rulers (the ninth principle); and if a logical responsibility for the rulers exists, then we can say that democracy, the rule of law, or in the language of our constitution, the sovereignty of the nation, exists.
The constitution is the supreme law, and it must rely on the freedoms of the people.
The second principle is the rule of law, with the proviso that the necessity of rulers' obedience exists.
The third principle is the observance of the rights and freedoms of the people.
The first crisis is the crisis of democracy in practical sovereignty and the role-playing of the people as the constituent power of the Constitution.
This means that democracy is placed in the hands of a few people, and popular sovereignty, which is one of the principles of democracy, is thereby overshadowed by a few individuals.
The third conclusion is an optimistic point, which is the social transformations and their positive impact on the development of democracy and the popularization of the rule of law.
(
, 
, 
)
