Document Type : Original Article
Authors
1
Assistant Professor, Department of Public and International Law, University of Shiraz, Shiraz, Iran
2
PhD Candidate in Public and International Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran
3
Master's Degree in Public and International Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran
Abstract
The concept of oversight over power and the design of its mechanisms have always been a subject of contemplation for scholars in the fields of law, political science, and management. However, the main issue of this research is to articulate the theoretical foundations of oversight in the modern state which follows a rights-based approach and in religious governance which follows a duty-based approach. The challenges arising from the fusion of these two perspectives in designing indigenous oversight systems often lead to inefficiencies in governance. Therefore This research draws on library sources to conduct a comparative analysis of the foundations and models of oversight in the modern state and religious governance, focusing on the specific conditions of Islamic Iran.
The findings of this research indicate that in the modern state, oversight of power is based on citizenship rights and is rooted in subjectivist anthropology and skepticism toward power. Consequently, its mechanisms are limited to external oversight such as separation of powers and transparency with a formalist approach. In contrast, in religious governance, oversight is defined based on religious duty and theological anthropology, where humans are regarded as vicegerents of God. In this model, internal oversight is centered on piety, while external oversight such as enjoining good and forbidding evil, selection of officials, and intermediary institutions is built upon it. Furthermore, the absence of oversight is considered a sin and entails both worldly and spiritual consequences.
The conclusion is that the oversight model in religious democracy is fundamentally different from the secular rights-based model as it relies on religious duty-based governance and collective responsibility. Overcoming the challenges of the existing oversight system requires the design of indigenous mechanisms based on the objectives and foundations of religious governance, without blending them with the models of the modern state.
Keywords
Main Subjects
)