The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The scope of the right to revolution and its proportion to the Bagy

Authors
Gholam Hoseyn Elham
AmirHoseyn Bahiraei
Ali asghar Farajpoor
University of Tehran (Pardis, Farabi)
Abstract
Abstract:
The rights to revolution, uprising, disobedience and rebellion have discussed in religious and natural law. This right, after entering into human rights and citizenship documents, has discussed by jurists and scholars of politics. Historically the existence of this right has provided an important justification for various revolutons, and we are still referring to this right for many political developments like the Tunisian Revolution. Relying upon requirements of democracy in the current human rights as well as the rights of citizens in many Western states, the remarks of this right are quite evident. In religious law, there are different views in this regard. One of points of view in this respect belongs to Shia which recognizes this right. The present paper, by descriptive-analytical method, considers the nature and foundation of this right in a comparative study between Western origins (focusing on American law) and Islam and also takes it to account its reflection on the sources of the constitutional law of the Islamic Republic of Iran.
Keywords
Keywords: right to uprising
the right to revolution
constitutional law of Iran
Western
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