تعلیق قانون

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.