FLASHBACK- THEOCRATIC CONSTITUTIONALISM Theocratic Constitutionalism: An Introduction to a New Global Legal Ordering Larry Catá Backer* * Director, Coalition for Peace and Ethics, Washington, D.C.; Professor of Law, Pennsylvania State University http://www.scribd.com/doc/24001578/Theocratic-Constitutionalism-An-Introduction-to-a-New-Global-Legal-Ordering
The Iranian theocratic Constitution resembles modern constitutions, and adheres to the current pattern of modern constitutionalism in its form and objectives—to formulate a system of governance based on legitimating principles and authoritative values. It adheres to thick “rule of law” constitutionalism. The power of the state and its governance organs are strictly limited. In this sense the Iranian constitution follows emerging models of transnational constitutionalism. The difference—and a critical one to be sure—is the source of the norms constituting those boundaries of governance and the mechanisms for engaging with those norms.
Iran presents an example of a well-developed system of theocratic constitutionalism. If for no other reason this system presents the greatest challenge to the values on which its competitor—secular transnational constitutionalism—is based. Iran’s theocratic government is not merely the imposition of a religious state without limits, but instead suggests a principled basis of state organization through law, the object of which is to secure the benefits of a specific set of legitimate normative values. That political agenda can be simply stated: Islam provides a comprehensive sociopolitical system valid for all time and place.

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