The Influence of Liberty Concepts on the Legal Classification of Constitutions and Constitutional Governments


  •  Alireza Asadpour Tehrani    
  •  Masoud Raie Dahaghi    

Abstract

Due to global developments in constitutional law and especially the importance of principles of republicanism, the sovereignty of the people and the protection of individual rights and public liberties as the foundations of constitutionalism and constitutional government, it seems that a new category of constitution that is consistent with the principles and foundations of constitutionalism and the constitution should be provided. Therefore, the classical categories of constitutions are briefly introduced and then their unlawful aspects will be criticized and then, new categories of constitutions are introduced and described. This classification is based on the assumption that republic governments can be constitutionality and with a focus on the protection of liberty can use its power without being required to comply with liberty in its liberal concept. So as constitutions can be divided into two types of liberalism and republicanism, governments can be classified into two types of Republicanism and liberalism too. Since the classic categories have acted based on inductive method, therefore, this method has been used to criticize and propose alternatives.


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