نشریه حقوق اساسی
پیاپی 27 (بهار و تابستان 1396)

Human being as the Ashraf of creation and the successor to God on earth in the religion of Islam has a high value and has the inherent dignity and dignity. The constitution of the Islamic Republic of Iran, also inspired by the holy Islam of Islam, pointing to the dignity and high value of man, considers his ideal of human prosperity in the entire human society. The main purpose of the article is to use the descriptive-analytical method of human dignity in Specify the constitution. The result of this is that despite the recognition of the principle of dignity and human dignity in the constitution of the Islamic Republic of Iran and the Universal Declaration of Human Rights due to the inspiration of the constitution of Islam, the status of human dignity is different from that in the human rights documents And the acceptance of the sovereignty of man and his role in determining his own destiny, and the separate chapter on the rights of the nation for the belief in the dignity and inherent .dignity of man

Human beings have always sought to fight injustice and create equality for all in all areas of human life, including social, political, economic, religious, educational, and so on. Equality principle is one of the principles that contribute to realization of human aspirations. In philosophical and legal schools, the equality principle has been used to eliminate discrimination. One of the important influences of philosophical thought was its contribution to theoretical realization of the principle of equality, that is, it has applied this principle in different fields. Different philosophical theorists have tried to analyze this argument from their own point of view. The main objective of the paper is to examine the concept and components of equality principle in the light of philosophical thoughts, in order to illuminate its institutionalization in human rights instruments. The subject of the research is examined by a descriptive-analytical approach. Findings of the research show that philosophical ideas due to an important role playing in emergence and advancement of new legal institutions are considered as elements paving the way to institutionalize the principle of equality in legal systems and human rights instruments.

Proceedings of Iran Constitution 1979 is not considered in a critical way and in philosophical analysis of law in the new legal sources and researches after ratification and implementation of the Constitution. The main function of the rule of law is to establish an unbreakable relationship with the concept of the constitution-the attainment of power and securing the rights and freedoms of individuals. Hence, the assessment of the concepts of rule of law in the proceedings of Iran Constitution 1979 is of increasing importance in the history of contemporary Iranian constitutional law. From the relatively new term of the rule of law, many concepts and perceptions are extracted. For this reason, so far, various and numerous interpretations and meanings from the rule of law have been inferred and presented. The minimalistic concept is the most abstract and most appropriate definition. The lawgoverned government and its opposite, law enforcement government, are the concept of law as value and the conceptual and material conception of other important concepts which are expressed primarily by the philosophers of law from the rule of law. The definition of these concepts and their critical adjustment with speeches and readings described in proceedings of Iran Constitution 1979 constitutes an analytical-descriptive as well as comparative research which is performed in this paper with reference to the basic resources.

Avicenna is one of the philosophers who has been an expert in social policy by having its own coherent philosophical system. In fact, his civil policy has root in his philosophical system and theology. He knows human society and civilization as a result of the need of individuals for each other. According to him, “justice” is the best possible state for a society; therefore, he calls his utopia as a “Fair city”. Avicenna has reviewed various types of political systems and presents “policy of the good”[related to meritocracy] and “policy of the state” as the best type of policy. On the top of this political systems, there are a wise theologian and/or a group of persons that each one is expertise and knowledgeable in a branch of philosophy. Islamic republic government, having a jurisprudent with specific requirements for incumbency at the helm, is much similar to Avicenna’s desirable system. There are also similarities in other aspects which are noteworthy.

In France legal system and some other systems , constitutional rights are not limited to the ethics and the philosophy of law level . In such countries rights are injected to the legal positivism by a process which is known as constitutionalization of law . Although constitutionalization and guardianship of constitution are aligned , all the fundamental rights are not clarified in the constitution . Institution of protection of constitution in Iran is Guardian Council . Therefore based on the legal logic, constitutionalization must be implemented by a court . It means although Guardian Council has theoretical reasons and practical tools to coctitutionalization , there is a legal gap guardian Council is a political institution not a judicial one . No court has such a competence in Constitutional Act of Iran explicitly . There is a question : is constitutionalization arguable in Iran legal system ? If Guardian Council has no interest to constitutionalization , will Court of Administrative Justice its alternative to constitutionalization of law ?

The overwhelming political instability of the coup d'etat in some African countries has led the African Union to legislate to prevent the change of government. The African Union criminalized the prohibition of regime change contrary to the constitution. In order to maximize the effectiveness of the rules set out in this regard, the African Union will use all its existing regional capacities to prevent a change of government against the constitution. The African Union's Peace and Security Council is the guarantor of implementing the rules set out to prevent the change of government unconstitutional. The African Union's Peace and Security Council has been adopted by the coup d'etat of Africa, which has led to a change of government against the constitution. This study reviews and analyzes the issue of changing governments contrary to the constitution within the framework of the African Union.

The effect of the international trade law on different legal systems has been discussed and challenged as an important interdisciplinary issue. Enjoying tools such as cultural relativism and preference of a specific legal system, Iranian legal system impedes the effect of international trade law on domestic rules. The dominance of globalized trade rules eliminates the countries 'options for negotiation and discussion. Currently, imperative rules play a significant role in changing domestic rules as well as the international trade law itself. Like domestic integrated legal and judicial systems, the legal system of international trade has different parts and sections, though differently. Numerous values of international law have impacted legislation and change of substantive and procedural laws. Generally speaking, domestic legal systems are required by the law to accept some international norms and values. On the other hand, they have the right to join treaties regarding the acceptance of others.