Mohammad Salmasizadeh; Mohammad Aminnejad Najafian
Abstract
This paper is about the role of Iranian first National Parliament to define and develop the "basic rights" of the country. First of all the meaning of the "basic rights" was decrypted ...
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This paper is about the role of Iranian first National Parliament to define and develop the "basic rights" of the country. First of all the meaning of the "basic rights" was decrypted and then the role of that parliament to codification and implementation of the "basic rights" was emphasized. The process of drafting the constitution and its amendments will be discussed. Then it is checked whether the Representatives had a great knowledge of the legal system in order to define democracy or not? Did their practices exclusively remained in the area of theoretical explanations or solutions were found for fixing and defending the rights? Hypothesis is that, despite all the limitations and objections, the parliament could establish a theoretical model of fundamental rights. This was done by scientific study and expertise, and the traditional pillars of strength were forced to accept it. The parliament with the support of mass, religious leaders and political elite for the first time in the history of Iran, changed the origin of the authority from the force to the democracy and national sovereignty emerged from the collective wisdom and Public Choice. Parliamentarians accepted the oversee of "Foghaha" and they did not convince this subject as a contradict against their legislative authority. The latter point is the most important difference of this descriptive - analytical study with previous researches.
