The book is focusing substantially on the relation between the concept of constitutionalism and Islamic Law in general and how such relation is specifically reflected in the Shiite jurisprudence, this volume explores the juristic origins of constitutionalism, especially in the context of 1905 Constitutional Revolution in Iran.
Although “constitutionalism” is an essentially contestable concept, scholars agree that it has three major requirements: limitation of political power, rule of law, and protection of individual rights.1 Substantial elements of constitutionalism, such as garantisme and supremacy of constitution, establish yet another set of characteristics that do not necessarily oppose its relational requirements—such as separation of powers and checks and balances. Furthermore, a “generally observed disposition to exercise of public power pursuant to publicly known rules, adherence to which actually provides a substantial motivation for acting or refraining from acting;… and a reasonably independent judiciary; and reasonably free and open elections with a reasonably widespread franchise” provide both political and judicial processes in which constitutionalism can be achieved.
Title: Shi’i Jurisprudence and Constitution: Revolution in Iran
Publisher: Palgrave Macmillan
Length: 241 pages
Pub. Date: March, 2011