Pizhuhish nāmah-i intiqādī-i mutūn va barnāmah hā-yi ̒ulūm-i insāni (Critical Studies in Texts & Programs of Human Sciences)

A Critical Examination of the Economic Principles of the Constitution from the Perspective of Supporting Economic Security

Document Type : Promotional

Authors

Amirhooshang Dehghan 1
rahimi Ruhallah 2
Kourosh Ostovar Sangari 2

1 PhD in Public Law, Islamic Azad University, Shiraz Branch, Shiraz, Iran,

2 Assistant Professor, Department of Public Law, Faculty Member, Islamic Azad University, Shiraz Branch, Shiraz, Iran.

https://doi.org/10.30465/crtls.2026.50171.2875
Abstract
The most important protections from the perspective of constitutional principles that can be expressed in the area of ​​economic security relate to economic development, investment, and related principles. It is of great importance to examine these principles, threats, and supports that can affect the country's economic development. This study will critically examine the economic principles of the Constitution from the perspective of supporting economic security. The purpose of this article, which is an applied and descriptive-analytical research, is to reach the following conclusion: What is the role of the economic principles of the Constitution from the perspective of supporting economic security and what are its effects? In this regard, it is assumed that principles such as Articles 3, 22, 43, and 47 of the Constitution can be considered to support economic security, and principles such as Articles 44, 81, and 139 of the Constitution can be considered to threaten economic security. In this regard, identifying and diagnosing the principles that support and threaten economic security is of great importance in order to support the economic security of the individual and society.
Introduction
Security is a fundamental concept in human social life. This concept strengthens the feeling of peace, stability, and confidence in the future among the people of society. In order to continue their social life, humans need to be safe from various dangers and threats. The lack of security creates social unrest, reduces public trust, and disrupts social order. Security is not limited to the absence of military threats and encompasses various dimensions. These dimensions include military, economic, political, social, cultural, and environmental areas that are formed in interaction with each other. Economic security is the most important indicator of development. Political crises, civil wars, and the inattention of those in power to the interests of society are factors that increase the fragility of the security of capital and human resources every minute. Basically, the economic system in any country is implemented only in the shadow of economic security. Improving the efficiency of production and use of resources, achieving economic prosperity, or reducing the shortage of goods and services is the ultimate goal of any developed economic system. On the one hand, economic security is the intermediate goal of the economic system in most economic schools, and its ultimate goal is welfare for civil society, in which economic progress flows and reaches its destination.

Materials & Methods
The aim of the present article, which is an applied research and in terms of data collection and information and analysis method, is an analytical and descriptive article, is to reach the conclusion that what is the role of the economic principles of the Constitution from the perspective of supporting economic security and what are their effects? In this regard, it is assumed that principles such as Articles 3, 22, 43 and 47 of the Constitution can be considered to support economic security and principles such as Articles 44, 81 and 139 of the Constitution can be considered to threaten economic security. In this regard, identifying and diagnosing the principles that support and threaten economic security in order to support the economic security of the individual and society is of great importance.

Discussion & Result
Based on Article 22 of the Constitution, the dignity, life, property, rights, housing, and occupation of individuals are considered immune from attack, except in cases prescribed by law. This principle is one of the fundamental pillars of economic security and citizenship rights in the Islamic Republic of Iran. According to this principle, the economic security of citizens is considered part of their inherent rights, and the government is obligated to guarantee this security through legislative, executive, and judicial measures. Attacking the property, occupation, or housing of individuals without a legal basis is considered a violation of this principle and contrary to the legal order of the country. Consequently, any action taken by the government or executive institutions against these immunities and causing damage to individuals creates the responsibility for compensation for the government. This principle, along with other principles, such as Article 43 and Article 3, Clause 12 of the Constitution, provides a coherent and orderly structure for ensuring the economic and property security of the people; therefore, the government is obliged not to violate the framework of these principles in all its policies and actions and, in the event of a violation, to accept civil and political responsibility for it. We will continue to examine the principles supporting economic security in the Constitution. The Constitution and the ambiguities that exist in this important law of the country and, simply, the most important law of the country can create many problems in the field of foreign investment. Meanwhile, the role of the Constitution as the highest legal document of a system is undeniable. This law, as the most important law of a state, expresses the attitude of that state towards important issues of society; therefore, the understanding of the Constitution of foreign investment is very important. Unfortunately, in the Constitution of the Islamic Republic of Iran, principles such as Articles 44, 81, and 139, which are the economic principles of the Constitution, are formulated in a way that indicates inferences and perceptions that prevent the attraction of foreign investment and ultimately weaken economic security. These principles can be considered important legal obstacles to supporting economic security in the government, which seems necessary to review, amend, and at least provide a clear and definitive interpretation by the authorities in order to clarify the law and remove ambiguity.
Conclusion
Several principles of the Constitution, such as principles 22, 43, 44, and 47, which protect legitimate ownership, economic justice, economic independence, and public participation in the economy, support economic security as fundamental legal rules. Principle 22 protects the dignity, life, property, rights, housing, and employment of individuals, principle 43 ensures basic needs and economic independence, principle 44 defines the economic system into three sectors: government, cooperative, and private, and encourages public participation in the economy, and principle 47 protects legitimate ownership. All of these have provided the necessary grounds for the realization of a stable legal economic order. These principles, in terms of their binding nature and their superior position in the hierarchy of laws, should be considered as a strategic charter for economic legislation. In addition, the general policies of Article 44 of the Constitution, which were issued by the Supreme Leader's decree to strengthen the private sector and reduce the government's entrepreneurial role, can be considered as the main pillars of strengthening economic security if supported by complementary executive laws. In addition, Articles 81 and 139 of the Constitution, along with Article 44, have been drafted in a way that has created obstacles to the entry of foreign investment. By prohibiting the establishment of foreign companies except in exceptional and ambiguous cases, Article 81 has made it difficult for foreign investors to enter through the legal route. By making the referral of claims related to public and state property conditional on arbitration, Article 139 has effectively transformed the process of resolving economic disputes into a bureaucratic and complicated process that is contrary to the logic of competitive economics. Such regulations, by increasing transaction costs, reducing the expected return, and creating legal uncertainty, darken the investment climate for international actors. Therefore, a review or corrective interpretation of these principles, with the aim of strengthening the rule of law, supporting competition, legal transparency, and reducing the regulatory role of the state, will also be a fundamental prerequisite for economic security in Iran’s legal context.

Keywords

Basic Law
Economic Development
Economic Principles
Investment
Economic Security
Subjects
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  • Receive Date 06 October 2024
  • Revise Date 25 December 2026
  • Accept Date 10 February 2026

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