Pathology and requirements for implementing Article 27 of the Constitution as one of the tools of people's political participation in the Islamic Republic of Iran

pad, sakineh sadat; ebrahimian, hojatolah; hoseini, seyedmohammad

Volume 14, Issue 2 (Political researches of the Islamic world, summer 2024) پژوهشهاي سياسي جهان اسلام 2024, 14(2): 0-0 | Back to browse issues page

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pad S S, ebrahimian H, hoseini S. Pathology and requirements for implementing Article 27 of the Constitution as one of the tools of people's political participation in the Islamic Republic of Iran. پژوهشهاي سياسي جهان اسلام 2024; 14 (2)
URL: http://priw.ir/article-1-1991-en.html

Pathology and requirements for implementing Article 27 of the Constitution as one of the tools of people's political participation in the Islamic Republic of Iran

Sakineh sadat Pad ^*¹

, Hojatolah Ebrahimian²

, Seyedmohammad Hoseini³

1- PhD student, Department of Public Law, Qom Branch, Islamic Azad University. Qom, Iran , sarasaadatpad@gmail.com
2- Associate Professor, Department of Public Law, Qom Branch, Islamic Azad University, Qom, Iran.(Responsible author)
3- Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Iran.

Abstract: (78 Views)

Although Article 27 of the Constitution is known as one of the short and less restrictive principles, due to the importance and special position of the implementation of this principle, the conceptual explanation as well as the principles governing this principle are one of the challenges in formulating a suitable law for it. On the other hand, the laws that have been passed in this regard in a haphazard manner have not been able to confront the challenges that exist in the way of implementing the said principle due to the lack of richness they have had. Due to the lack of specific laws and regulations for this principle, there are no indicators and statistics within the scope of the two legal restrictions contained in it that would help the government in governance in terms of regulation so that it can fulfill the legal duty of the public law authority in fulfilling its obligation to guarantee and respect public and legitimate freedoms and have a complete and successful track record. On the other hand, public rights and freedoms have been narrowed. Therefore, the rights of both parties, the public law authority and the beneficiary of the law and the applicant to exercise the right to object, have not been respected. The engineering and linear approach to the principles of the Constitution, minus the attention to the macro approach of the basic legislator and the lack of attention to the basic principles of the Constitution, has prevented the proper implementation of the Constitution. According to Article 113 of the Constitution, the President is responsible for implementing the Constitution, and the implementation of Article 27 requires legislation in terms of regulation and expansion of the extensive public freedoms under it. And certainly, legislation must be such that, while maintaining the system of legitimate restrictions, it does not distort the principle of freedom of assembly, and the law is a chapter on speech, and public freedoms are not violated under arbitrary interpretations under the pretext of legal restrictions.

Keywords: Article 27 of the Constitution, holding assemblies, political participation of citizens, social rights and freedoms.