| چکیده انگلیسی مقاله |
The Constitution of the Islamic Republic of Iran suffers from a Paradox and a Contradiction crisis in relation to Human Dignity. This contradiction, real and fixed, has two internal and external aspects. Namely, the various principles of the Constitution (including the principles 2, 3, 4, 12, 13, 14, 20, 21, 115, 163) are not only inconsistent with each other but also with the International law of Human Dignity and International Human Right's law. The form of this inconsistency is "Contradictory" or "Contrary". Because the constitution recognizing the inherent dignity of man has laid down provisions witch are completely contrary to it's requirements and necessities. The main roots of this crisis must be searched in the opposite approaches are there among the philosophers and scholars about the dignity of man. Already, many solutions such as "Resorting to the Rules of Absolute, and Stipulated, General and Special". "Priority of the constitution to the other rules", "Jurisprudence of Expediency or Expediency of Government (Figh- al Maslaha)", "Necessity or Distress", have been proposed to resolve this paradox. But, in my opinion, none of these mechanisms can resolve this problem, permanently. In order to resolve this paradox, we must, inevitably, accept and recognize the inherent dignity of man as a natural, human and religious fact, by reviewing the epistemological, philosophical and anthropological foundations and principles (Ijtehad kalan).To put an end to this crisis, it is necessary, to review that principles of the constitution and other provisions is contradictory to the inherent dignity of man. By making such an effort we can establish social economical, political and criminal justice. Of course, considering the difference is there between the two groups of human rights, namely "Civil and Political rights" and "Economic, Social and Cultural rights", to differentiate between human beings in the latter one won't be contradictory won't be contradictory to human dignity. Because, as Plato and Aristotle have said, Justice is in proportionality nor in equality in this kind of rights. |
