چکیده:
The state/government is one of the most essential concepts that the constitution of every countrys is based on it. For various reasons, in Iranian legal texts, this concept has gained four different but intervowen meanings and this concept with its quadruple meanings have been used in the Islamic Republic of Iran’s Constitution causing ambiguity in the concept of state/government in the constitution. In this research, first, we consider the degree of ambiguity in using the concept of state/government in the different articles of constitution and then survey its ambiguity effects in the constitution. The findings of the research display that out of forty-one articles of the constitution wherein the word state/government has been used, due to the ambiguity of the concept of government or the possibility of presenting miscellaneous interpretations, eighteen articles of the constitution have caused ambiguity in the concept of state/government or the possibility of different interpretations cause ambiguity in powers, responsibilities or duties and limitations of some governing bodies in the system of the Islamic Republic of Iran. It is obvious that the effects of such a situation have appeared both in theory and in practice resulting in some complicated situations disturbing the rule of law.
خلاصه ماشینی:
PhD student in Public Law, Shahid Beheshti University the possibility of providing different interpretations of this word has caused ambiguity in the powers and jurisdictions or duties, responsibilities and limitations of some of the institutions governing the legal system of the Islamic Republic of Iran.
" (Katouzian, 1393: 73) In other words, since the legal status of political power means "the set of the country's political structure, the method of determining the commands of the rulers, the organization of institutions and organizations, the relationship between the country's political apparatuses, and how jurisdiction is distributed among them" (Qazi Shariat Panahi, 1383: 108), it is one of the most fundamental points that forms the content of the Constitution alongside individual rights and freedoms; government is one of the most fundamental concepts addressed in constitutions.
D - On one hand, the absolute wording of Article 53 and its existential philosophy for preventing financial corruption in ruling institutions, on the other hand, supports the fact that the state in the mentioned article is equivalent to "government"; however, the possibility of incorrect interpretation also exists, and some ruling institutions may evade its implementation by reducing the meaning of the state to the "executive branch.
Consequently, in terms of substance, the ambiguity of the concept of the state in the eighteen articles of the Constitution is such that it causes a confusion of duties, limitations, responsibilities, and jurisdictions of different institutions.
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