Document Type : Original Article
Authors
1
Department of Public Law, Faculty of Law, University of Qom, Qom, Iran.
2
Department of Public Law, Faculty of Law, Qom University, Qom, Iran
10.22091/ijicl.2026.12404.1142
Abstract
This research article delves into the multifaceted concept of constitutionalism and its significance in contemporary political systems. Drawing upon the influences of Greek philosophy, Roman law, and the rule of law, the study explores the establishment, legitimization, and limitation of state power through constitutional functions in liberal democracies. It critically examines the debates surrounding the adoption of codified constitutions and the defense against unconstitutional amendments. Additionally, the article analyzes the evolution and ambiguities of constituent power in modern political thought, highlighting its origins during the Enlightenment period and its relation to concepts of sovereignty and government. The challenges faced by contemporary constitutional democracies, including erosion and crises, are addressed, emphasizing the need for revitalization and democratic aspirations. The research also explores constitutionalism as a prerequisite for limited government, its core principles, and the precondition for safeguarding fundamental human rights and ensuring effective governance. Furthermore, it investigates international constitutionalism, debates, strands, and potential pitfalls associated with constitutionalization. The article critically examines the concept of constituent power in legal theory, perspectives, and critiques, considering its relevance in the context of the rule of law and the legitimacy of political systems. The role of constitutionalism in translating public preferences into policies and the influence of judicial interpretation of constitutions are also discussed. The article concludes by emphasizing the delicate balance between democratic participation and the safeguarding of individual rights in constitutionalism, highlighting its global reach and its ongoing adaptation to meet the changing needs and aspirations of societies.
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