نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
Article 4 of the Constitution approved in 2003 of the Muslim country of Afghanistan considers the national sovereignty to belong to the nation, while in the Iranian Constitution Article 56, the absolute sovereignty over the world and human beings belongs to God. Also, based on some Qur'anic documents such as verse 57 of Surah An'am and verse 40 of Surah Yusuf, which says "An al-Hikam illa Allah", the absolute sovereignty belongs only to God. On the other hand, based on the assumption of divine sovereignty in the Afghan constitution with the help of other articles, there is no executive guarantee for this issue. According to the philosophy of law in the West, the arche of the sovereignty in Afghanistan is the people, or based on the mustache, the Iranian constitution, the verses of the Quran and with the help of the other articles of the Afghan constitution, it can be said that the arche of the sovereignty is the Almighty God, and if this is what the constitutional legislators meant, why There is no executive guarantee like what is provided in the second principle of the amendment to the constitutional law and its predecessors in Iran in the Afghan constitution? This research has answered this fundamental question about the origin of sovereignty in Afghanistan's constitution with descriptive and analytical research methods and with the help of library tools. Finally, it can be said that sovereignty in Iran is divine and according to the various principles of the constitution, it is from God, but the origin of sovereignty in the Afghan constitution cannot be called divine.
کلیدواژهها English
