چکیده:
Given the decision of the Supreme Leader to place the Iranian Islamic Progress Basic Model Document as an upstream document for the general policies and programmatic laws of the country, provided it is upgraded, completed, and its adequacy in the mentioned position is ensured, the question arises: does the existing document, in terms of form and content, occupy this critical position—which places it in the legal hierarchy after the Constitution—or does it require reform and upgrading? This article, based on the hypothesis that the position of a document in the legal system directly affects its content and writing style, uses the method of critical content analysis of the document and compares it with the aforementioned documents. It claims that due to the presence of vulnerabilities and serious gaps in various parts, including: structural and content similarities with general policies, lack of initiative in providing appropriate literature for the 'Expectation Document,' lack of connection and correspondence with the foundations, ideals, mission, and horizons drawn in the Constitution, lack of attention to the requirements of drafting and implementing the document within the framework of the Islamic government, failure to outline the dimensions of the desired Islamic system as the achiever and driver of the document, failure to define the framework of the Islamic society as a prerequisite for creating a new Islamic civilization, and the failure to explain legal concepts requiring fundamental transformation—including changing the literature, defining concepts from the perspective of Islamic law, explaining the connection with other legal documents, removing the measures section (assigning it to general policies), etc.—relying on the jurisprudence of the system and constitutional law knowledge, the model document does not meet the requirements.
خلاصه ماشینی:
Article Type: Research Examination and Critique of the Document of the Iranian Islamic Progress Foundation Model (as a superior document of the legal system of the Islamic Republic of Iran) Akbar Talabaki Torghi 1 Abstract With regard to the wisdom of the Supreme Leader regarding the placement of the Document of the Iranian Islamic Progress Foundation Model as a superior document for the general policies and programmatic laws of the country, provided that it is upgraded, completed, and its adequacy in the aforementioned position is ensured, the following question arises: does the existing document, in terms of form and content, occupy this critical position - which places it in the legal hierarchy after the Constitution - or does it require reform and upgrading?
It argues that the Model Document, due to the existence of serious flaws and gaps in its various sections, including: structural and content similarity with general policies and a lack of innovation in providing literature suitable for the model as an "expectation document," lack of connection and correspondence with the foundations, ideals, mission, and horizon outlined in the Constitution, lack of attention to the requirements of drafting and implementing the document within the framework of the Islamic government, failure to outline the dimensions of the desired Islamic system that realizes and drives the document, failure to define the framework of the Islamic society as a prelude to creating a new Islamic civilization, and failure to define legal concepts requiring fundamental transformation, such as changing the literature, defining concepts from the perspective of Islamic law, clarifying the connection with other legal documents, removing the measures section (and delegating it to general policies), etc.
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