Strategic Studies Quarterly

Abstract This article studies the legal foundations of national security in the Islamic Republic
of Iran by using analytical method and peruses the linkage between national security
and legal system, the place of national security in the legal system and the path
towards the legal system of national security, concludes that the main foundation of
national security in Iran is based on the Constitution, public obligations and
individual rights and liberties. The connection between them protects national
security in a way that not only special authorities or institutions but also everyone is
considered as the guardians of national security. When propounding expediency as a
strong principle in introducing national security in Iran, this field moves away from
the main principle that is based on public presence and finds a fragile position. Apart
from this, Iran's national security, with its internal and external security approach,
continues to be practically within the legal system rather than along it. The proposal
of this article is to legalize national security according to the Constitution, as well as
to focus on moral and religious principles and to adopt an exceptional approach to
the basis of expediency. Thus, national security will gain a well-established place in
the legal system.

Abstract National security and criminal justice are conflictual concepts. So their connection is discussed based on their functions. Although criminal justice is derived from morality and natural law, but after emergence of state its concept has been changed. In its essence criminal justice was based on recompense, but in today’s criminal law it is based on interest seeking. From this view it can be argued that criminal justice has approached to national security. Changes like spreading delinquencies in national security arena, which in turn intensifies criminal actions and consequently security measures, makes criminal justice an unbalanced standard for state and individuals. Author argues that national security concerns have formed this unbalanced position. While National security concerns cause it to be dynamic in its function, in turn make in past-faced in its goals