وضعیت حساس

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.

“current sensitive state” are a proposition that has prevailed in the governance of Iran right from the scratch of the Islamic revolution and become the basis of the virtuousness of decision-making, such that includes all governance dimensions and a sign of it continues to swing.; a situation which is established by anxiety, crisis and peculiarity, and the realm of Iranian biopolitics revolves around it. The framework for scrutinizing this situation is a permanent temporary status that has existed throughout the history of the universe and is latent in the concept of “the state of exception”, a situation swinging in law until it is respected. Agamben’s genealogy has demonstrated it in various forms, that each of them entails a special, structure apart from similarities and manifests themselves in two legal and extra-legal traditions. The essay postulates that the state of exception in Iranian society has been a state of crisis and the question of this essay is whether we can find its position in the legal tradition of the Islamic Republic of Iran. The threshold of indeterminacy and the display of interpretation, discrimination, and plurality of law are the upshot of this essay.