نوع مقاله : پژوهشی
فارغ التحصیل دکتری حقوق عمومی دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
Emergence of Res Politica in the Sasanian era made the political system of the society re-regulate its relation with other social systems and gave it this opportunity to dominate them. In so doing, Sasanian kings tried to establish their sovereignty as the highest point of imputation, especially by organizing Zarathustrian religion. The emergence of this element of sovereignty has persuaded some scholars that this kingship is an example of absolute sovereignty, whose most important legal consequence is the supremacy of political power over Law. This research tries to answer again the question of the relation between Sovereignty and law through analysis of different aspects of the concept of “sovereignty” and illuminate how dualistic political theology of this religion, in which God`s power cannot go beyond the “impossible” and “evilness”, restricted kings. Furthermore, some theological concepts such as “Khvarenah”, “Asha”, “Ideal kingship” and “Dad” established a kind of natural law which is slowly tied to a set of jurisprudential and legal norms. Therefore, this caught up with Sasanian kings. As a result, the establishment of concept of sovereignty as an inclusive authority became impossible. Furthermore, this research will explain how contradiction between subordination of kings to law and their claim of sovereignty as the highest point of imputation, which demands their infallibility, leads to the distinction of their natural personality from the legal personality of kingship which is embodied in Crown.