University of Tehran Public Law Studies Quarterly 2423-8120 54 4 2024 12 21 The Founding Power in the 1979 Islamic Revolution of Iran in Light of ‎Carl Schmitt's Theory The Founding Power in the 1979 Islamic Revolution of Iran in Light of ‎Carl Schmitt's Theory 2483 2497 97971 10.22059/jplsq.2023.351676.3226 FA Hossein Rahmatollahi Associate Prof., Department of Public Law, Faculty of Law, University of Tehran, Farabi Campus, Qom, Iran Farima Jamali Ph.D. Student, Public Law, University of Tehran, Kish International Campus, Kish, Iran Journal Article 2022 11 26 Unfortunately, the concept of the founding power remains neglected in discussions on the constitutional law of Iran. It has become a prevailing view that after determining the type and form of the regime and the formation and ratification of the constitution, this creative power comes to an end and dissolves in order to ensure the stability of the established system. This is dangerous because it may lead to the overlooking of the vital role of the people, who are the true creators of a political system. However, it must be noted that the creator cannot dissolve and disappear within its creation. Such a viewpoint leads to dictatorship and the erosion of the people's sovereignty. Therefore in this research, which is conducted using a descriptive-analytical method and library sources, important concepts that are often conflated will first be clarified. Then, the status of the founding power and its role in the 1979 Islamic Revolution will be examined based on Chapter VIII of Carl Schmitt's book, Theory of the Foundation. Unfortunately, the concept of the founding power remains neglected in discussions on the constitutional law of Iran. It has become a prevailing view that after determining the type and form of the regime and the formation and ratification of the constitution, this creative power comes to an end and dissolves in order to ensure the stability of the established system. This is dangerous because it may lead to the overlooking of the vital role of the people, who are the true creators of a political system. However, it must be noted that the creator cannot dissolve and disappear within its creation. Such a viewpoint leads to dictatorship and the erosion of the people's sovereignty. Therefore in this research, which is conducted using a descriptive-analytical method and library sources, important concepts that are often conflated will first be clarified. Then, the status of the founding power and its role in the 1979 Islamic Revolution will be examined based on Chapter VIII of Carl Schmitt's book, Theory of the Foundation. https://jplsq.ut.ac.ir/article_97971_627d1de3d2f19f8b4970b8a49ed45df6.pdf