حقوق اساسي: فن قدرت يا فن آزادي؟ گفتاري در كاركرد شناسي حقوق اساسي

CONSTITUTIONAL LAW: TECHNIQUE OF POWER OR TECHNIQUE OF LIBERTY? AN INTRODUCTION TO FUNCTION OF CONSTITUTIONAL LAW

In this search, authors try to clarify and explain two traditionai approaches of constitutional law: Cesarean Tradition and Liberalist tradition. In Cesarean tradition, as technique of power, function of constitutional law is stationing and protection of power in political society by legal statutory safeguards, by contrast, in Liberalist tradition, as technique of liberty, aim of constitutional law is protection of individual rights and liberties by limitation of sovereignty and by legal mechanisms for implementation of this rights and liberties. By critique and evaluation of these traditions, Ultimately, a new approach has been presented. In the Third sense the aim of constitutional law is the establishment of a constructative evolution among power liberty.