A Comparative Analysis of Ayatollah Makarem Shirazi and Ayatollah Javadi Amoli's Theories on Citizens' Fundamental Rights and Their Impact on the Constitution of Iran

Abstract

This article provides a comparative analysis of the theories of Ayatollah Naser Makarem Shirazi and Ayatollah Abdullah Javadi Amoli regarding citizens' fundamental rights and the impact of these theories on the Constitution of the Islamic Republic of Iran. The study explores the perspectives of these two prominent scholars on individual, social, cultural, and economic rights and examines their influence on various constitutional principles. Ayatollah Makarem Shirazi emphasizes social justice and human rights, focusing on the formulation of social and political rights, while Ayatollah Javadi Amoli, with a more philosophical approach, elucidates fundamental rights based on rational and religious principles. The article also investigates the similarities and differences between their theories, their impact on the post-Islamic Revolution legal system of Iran, and offers suggestions for improving citizens' fundamental rights in the Constitution.