نوع مقاله : مقاله پژوهشی
نویسندگان
1 حقوق عمومی دانشگاه آزاد اسلامی واحد تهران جنوب، تهران، ایران
2 استادیار گروه حقوق عمومی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
3 گروه حقوق عمومی، دانشکده حقوق، دانشگاه آزاد اسلامی واحد تهران جنوب، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The ratio of political jurisprudence and modern public law in the conceptual equivalence of metaphysical and physical governance is the basis and sources of constitutional and republican sovereignty. The discourse of the first theory has a theological mechanism and the opposite theory has a physiological mechanism, and their governance is based on representation. The first theory is based on divine agency through political jurists in theological theories and the opposite theory is based on consensus of free citizens in human theories. The power and governance in the first theory is qualitative and subjective and based on invisible foundations and subjectivism, and the second theory is evident with mechanical governance over quantitative and objective and visible foundations and objectivism. Each of the constitutional and republican political order has been subjected to jurisprudence in the constitutional political jurisprudence and the contemporary republican political jurisprudence. The current research is based on the method of analysis and study of a functional library and the record of the constitution and the republic with an analytical and critical view on contemporary political jurisprudence. The findings of the research also indicate that the relationship between the concepts discussed in the political and legal literature of contemporary political jurisprudence with modern public law is merely nominalist and populist and has a semantic break with its conceptual vocabulary.
کلیدواژهها [English]