نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The Islamic Revolution of Iran has experienced many agents in its history, but jurists who are the highest agents of the system, who act as thinkers and discourse-makers to expand religious teachings, and whose ideas in various fields are path-breaking, original, and strategic, are almost unique. In the meantime, Ayatollah Khamenei and Mahdavi Kani (may Allah have mercy on them), understanding the era of oppression and suffering from the violence of the dependent and illegitimate Pahlavi government, explained and expanded the ideas of governance under the banner of the religious government after the glorious Islamic Revolution of Iran in 1979. One of the most important of these approaches is the protection of people's rights and freedoms. Both of the aforementioned jurists, long before the public rights discourse emerged in the 1990s, which led to the document of transformation in the judiciary (2019), emphasized in various discussions, lessons, and meetings the issue of respecting, securing, and guaranteeing people's rights, especially "public rights," as the government's duty. Like all the traditions of Shiite jurisprudence, they state that while establishing these rights, the ruler must "prioritize public interests over private interests." In this article, using a descriptive-analytical method, we will answer the question, "What are the principles, concept, and mechanism of protecting public rights in the thought of Ayatollah Khamenei and Mahdavi Kunireh?" The results of this research, in addition to the government's efforts to protect these rights, especially through policymaking, legislation, judgment, and regulation of the behavior of public officials, indicate the spontaneous action of the people based on the right to enjoin what is right and forbid what is wrong and the obligation to do so (the eighth principle of the Constitution), which itself is the originator of rights.
کلیدواژهها English