A comparative study of universal fundamental values through the lens of the Constitution (Case Study: The Islamic Republic of Iran and the United States of America)

Document Type : Original Article

Authors
Mohammad ahmadi 1
seyed mohammad hashemi 2
1 PhD Student in Public Law, Department of Public Law, Faculty of Law, Islamic Azad University, Central Tehran Branch
2 Visiting Professor, Department of Public Law, Faculty of Law, Islamic Azad University, Central Tehran Branch
Abstract
 
In order to reach any legal agreement and conclusion of a treaty between two or more governments, it is necessary to be familiar with the Laws of the country or countries that have agreed and identify points that can be disputed by each of them and provide a solution for them. In order to reach such an agreement, the Laws of the interested countries must be applied and a consensus must be reached. Obviously, in order to achieve the worldwide universal law desired by Professor Sali, such an adaptation needs to be made at the level of well-known legal systems and studied from any country system. In this article, the United States of America from the common law legal system and the Islamic Republic of Iran from the religious legal system are considered. Fundamental values can be the key to achieving worldwide universal Laws, so some of the fundamental values enshrined in the constitutions of the two countries were examined. In this article, using descriptive-analytical research method and information gathering method in the form of a library, the question of what are the fundamental values in the constitutions of Iran and the United States has been answered. After examining the nature of each of the fundamental values, we will see which legal system is more convergent and compatible with the public will.
Keywords
Comparative Law
Fundamental Values
Constitution
Religious Legal System
Common Law system