Document Type : Article
Authors
1 Ph.D student in public law, University of Tehran, Tehran, Iran
2 prof., of the Department of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
3 MA. in public Law at Tabriz University, Tabriz, Iran
Abstract
Article 153 of the Constitution of the Islamic Republic of Iran, recognizing the bitter experience of the past resulting from the conclusion of hegemonic treaties, has prohibited any contract that causes foreign domination of natural resources, economy, culture, etc. This Article seems to need to redefine the instances of contracts subject to domination because it can lead to misunderstandings. However, this present article seeks to redefine the instances of Article 153 while defining "domination" and the scope of the concept of "alien" and to answer the ambiguities in this field by analytical-descriptive method and using library tools and opinions of the Guardian Council. This article is based on the premise that the objectification of Article 153 requires the relevant laws and its explanation and completion by the parliament, and the emptiness of ordinary law in defining the instances of Article 153 makes the mentioned principle one of the suspended and silent Articles. Therefore, the main finding of the present article is that the instances of the mentioned principle, including "other affairs of the country", can lead to misunderstandings and interpretations that can have profound effects on national interests.
Keywords
English
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