state of sensitive: suspension and elimination of the law in light of the negation of the exceptional status

Document Type : Research Paper

Authors

1 Ph.D. candidate of Political Sociology, Razi University

2 Associate Professor, Razi University. Kermanshah

3 Associate Professor. Razi University. Kermanshah

Abstract
The articulation of the bond between the individual and society, the government and its citizens, and the guarantee of liberty and justice within a political community are among the fundamental principles of constitutional law and their guardianship. However, the existence of emergencies led to the temporary suspension of the law, a concept accepted in most legal traditions worldwide. Yet, recent scientific research suggests that modern governments increasingly create state of necessity to justify this suspension. An analysis of this issue within the Islamic Republic of Iran highlights a different narrative compared to the global perspective, which can be conceptualized as a “state of sensitive” This is a dual state where politicians never place themselves in a position to suspend the law but legally pursue such suspension. This study aims to answer the question of “how the Iranian political system legally suspends and collapses law and decision-making in ‘ state of sensitive” Employing a hermeneutic approach, the findings of this study show that the Iranian constitutional tradition has anticipated certain principles, employed specific language, and established institutions that can lead to a state of perpetual suspension, or even collapse of the law, without the formal declaration of a state of necessity and is viewed as a strict enforcement of the law.

Keywords

Subjects


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Volume 19, Issue 2 - Serial Number 74
No.74
Spring 2024
Pages 77-122

  • Receive Date 01 July 2024
  • Revise Date 05 September 2024
  • Accept Date 23 September 2024