The Normative Theory of Constitutional Proceedings: Re-reading the Legislative Capacity based on the Theory of Legal Sermons

Authors

1 High level professor of the seminary and assistant professor of the jurisprudence department of Baqer al-Uloom University

2 montazerezohoor@hotmail.com

10.22081/phlq.2022.73195

Abstract

This study begins by focusing on the challenge of accurately understanding Islamic norms as a fundamental concept of the constitutional law to show how the lack of a precise approach to the normative theory of constitutional proceedings has plagued our legislative system at the stage of initiative and constitutional proceedings. After careful consideration of the subject, the challenge of research by focusing on the theory of compliance and the use of legal sermons and inferred reading from the philosophy of jurisprudence and law through this second-order method, has proved that legal sermon theory can provide all the formal components of law, it also has all necessary dimensions as a normative theory of constitutional proceedings in jurisprudence and tradition of Iranian law

Keywords