«Whose affair is determined by consultation among themselves». The Iranian political system between constitutionalism and Islamic law
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Abstract
After a first analysis of the intellectual humus within which the shi’i legal system developed, this essay takes into account the evolution of Iranian constitutionalism during the second half of the twentieth century. The review will be focused on the elaboration of Ayat Allah Khomeyni and his theory of the “authority of the juristµ. The Iranian Constitution will then be analyzed, highlighting the relationship between the traditional state powers and the rights and freedoms as enucleated by the Constitution and influenced by Islamic law.
Keywords
- Islamic Constitutionalism
- Shiism
- Islamic law
- Authority of the jurst
- Imamism