Critical Rethinking of the Constitution as a Mechanism for Power Management and Limitation: Realizing the Rule of Law, Sustainable Development, and the Protection of Public Liberties

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Abdollah Daneshmand, Aliakbar Gorji2*, Mostafa Seraji, Yasser Roostaei Hosseinabadi

Abstract

This article adopts a qualitative, analytical, and critical approach to rethink the role of the constitution as a fundamental mechanism for managing and limiting political power, aiming to realize the rule of law, sustainable development, and the protection of public liberties. By employing qualitative content analysis and the normative interpretation of fundamental concepts in public law, this research seeks to explore the actual function of the constitution within the context of exercising power. The findings indicate that in contemporary legal systems, the constitution is not merely a document for organizing governmental structures; rather, it serves as a strategic framework for restricting the competencies of public power, intelligently regulating state-citizen relations, and guaranteeing fundamental rights and freedoms. A qualitative analysis of the concepts and mechanisms enshrined in the constitution demonstrates that its effectiveness depends on how its principles are interpreted, implemented, and practically institutionalized within the power structure. Critical analysis within the research demonstrates that the principle of the rule of law becomes an objective reality only when all governing organs are bound by legal rules and practical accountability mechanisms are embedded within the power structure. In the absence of effective legal constraints and the unchecked exercise of legislative and executive powers, the risk of arbitrary conduct and the erosion of individual freedoms increase. This not only leads to power concentration and the erosion of legitimacy but also undermines the stability required for sustainable development. The results emphasize that by precisely defining the scope of competencies, designing oversight mechanisms, and balancing state authority with public liberties, the constitution functions as a vital instrument for safeguarding fundamental rights. Ultimately, the research argues that the constitution should not be viewed merely as a rigid legal text, but as a management and strategic mechanism for curbing power and ensuring law-bound governance to continuously protect public rights and achieve the society’s developmental goals.

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