Document Type : Article
Authors
1 Prof. Department of Public Law. Faculty of Law and Political Science. University of Tehran. Tehran. Iran
2 ; MA. In Public Law. Faculty of Law and Political Science. University of Tehran. Tehran. Iran.
Abstract
The idea of limiting the power of the state has a historical background and has undergone many transformations throughout history. To better understand the concept of limiting state power in the contemporary era and the idea of constitutionalism, it is essential to be aware of the process of emergence, formation, and expansion of this concept. The concept of "wadi'a" (deposit) as a defined contract in jurisprudence has a different meaning in public law and serves as a basis for limiting state power, which is prominently featured in the Qajar period and in the written works of that era. The concept of wadi'a as a basis for limiting state power is built on foundations established during the Safavid era, and significant clues about the emergence of this concept can be found in the works of scholars from the Safavid period. Gradually, as the legal aspect of this concept faded, its political dimension increased, and wadi'a transformed into a fundamental theory of governance, becoming a means to regulate the relationship between the people and the king. This paper aims to examine the concept of wadi'a and how it emerged and evolved as a basis for limiting state power during the Qajar period, tracing its roots back to the Safavid era through a descriptive-analytical method and utilizing library resources.
Keywords
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