چکیده:
“current sensitive state” are a proposition that has prevailed in the governance of Iran right from the scratch of the Islamic revolution and become the basis of the virtuousness of decision-making, such that includes all governance dimensions and a sign of it continues to swing.; a situation which is established by anxiety, crisis and peculiarity, and the realm of Iranian biopolitics revolves around it. The framework for scrutinizing this situation is a permanent temporary status that has existed throughout the history of the universe and is latent in the concept of “the state of exception”, a situation swinging in law until it is respected. Agamben’s genealogy has demonstrated it in various forms, that each of them entails a special, structure apart from similarities and manifests themselves in two legal and extra-legal traditions. The essay postulates that the state of exception in Iranian society has been a state of crisis and the question of this essay is whether we can find its position in the legal tradition of the Islamic Republic of Iran. The threshold of indeterminacy and the display of interpretation, discrimination, and plurality of law are the upshot of this essay.
خلاصه ماشینی:
It is natural that among these cases, some principles require legal mechanisms separate from the Constitution; however, at least 12 principles can be counted where necessity and the sensitivity of the time must inevitably decide regarding the suspension or the enactment of a proportional law: Article 22: Prohibition of infringement upon the dignity, life, property, rights, housing, and occupation of individuals, except as provided by law; Article 24: Freedom of the press and publications, unless it is detrimental to the principles of Islam or public rights; Article 25: Prohibition of disclosing telephone conversations, censorship, wiretapping, and any kind of espionage, except by virtue of law; Article 33: Prohibition of exile, except according to law; Article 62: Determining the conditions for voters and candidates and the quality of elections; Article 98: Interpretation of the Constitution; Article 110: Duties and powers of the Position of Leadership; Article 112: The Expediency Discernment Council; Article 164: Non-removal of a judge except as required by the interests of society; Article 165: The publicity of trials, except as determined by the court; Article 168: Definition of political crime by law; Article 176: The duties of the Supreme National Security Council in confronting internal and external threats.
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