The position of the parliament and its representation from the perspective of scholars and jurists of the constitutional era; Jurisprudence and legal perspective

Subject Areas : All jurisprudential issues

Mohammad Matin Farahani ¹ , Ahmadreza Behniafar ² , Ali Pourghasab Amiri ³

1 - PhD student in public law, Damghan Branch, Islamic Azad University, Damghan, Iran.
2 - Associate Professor, Department of Theology and Islamic Studies, Damghan Branch, Islamic Azad University, Damghan, Iran.
3 - Assistant Professor, Department of International Law, Damghan Branch, Islamic Azad University, Damghan, Iran.

Received: 2022-09-02 Accepted : 2022-12-19 Published : 2024-01-19

Keywords: the National Council, The constitutional movement, the constitution, scholars and jurists, the representation of the parliament,

Abstract :

According to the structure of Iranian society, scholars and jurists were always one of the influential elements in Iran's political and legal system. This influence showed itself more during the constitutional movement; Especially since they played a role in creating a movement and increasing the political awareness of the people in the formation of important examples of the constitutional system, such as the drafting of the amendment to the constitution, the establishment of the National Council and the election of the people's representatives in the parliament; Although the creation of differences between jurists was one of the main weaknesses in the constitutional movement and prevented them from achieving their main and fundamental goals. The main goal of this article, which is prepared with a descriptive-analytical method, is to determine what role the scholars and jurists who support and oppose the constitution played in shaping and continuing the work of the National Assembly and its representative system. In answer to this question, it should be said that scholars and jurists who agree and disagree each tried in this way according to their belief and way of thinking. The results of the research also showed that the opponents of the constitution considered the convening of the assembly to be contrary to Islam and considered heresy, and the supporters considered it to be the link between the government and the nation, which is capable of restoring the public interests of the country. The same difference of opinion existed in the matter of representation in the parliament, so that the supporters considered representation as public representation, although it was closer to the literal meaning of representation, but the opponents considered it heresy, which weakens the position of religion in society.