نوع مقاله : علمی-تخصصی
نویسنده
دانشجوی دکتری حقوق عمومی دانشگاه شیراز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Constitution is one of the most central concepts in public law, emerging after the Age of Enlightenment. It is implemented in all democratic countries, and consequently, Islamic countries have also sought to define the structure and framework of governance through it. The ideals and values of a political society are reflected and manifested within it. Therefore, reflecting on and analyzing the concept of "foundation" in the constitution can significantly help us achieve the goal of this research, which is to understand the nature and possibility of the ever-present redrafting of the Afghan constitution on the one hand, and the philosophy of its transformation and suspension from its inception to the present on the other. The issue is that within the multitude of constitutional principles, the description of being "fundamental" reveals what legal and philosophical truth and aspect. Undoubtedly, analyzing this matter from the perspective of legal philosophy requires serious analysis, critique, and examination. Therefore, the main question of this article is: what is the concept of "foundation" as a condition of possibility for a constitution? This research has been conducted using a descriptive-analytical method based on the collection of library documents, and an attempt has been made to explain the concept of the constitution, and especially the concept of "foundation," relying on the theoretical foundations of Carl Schmitt. The findings of this research show that the constitution is primarily based on a "foundation" upon which it is valid, and presupposes a "foundation." In fact, it is this "foundation" that makes political unity possible and is the manifestation of the general will.
کلیدواژهها [English]
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