Public Law Studies Quarterly

The Founding Power in the 1979 Islamic Revolution of Iran in Light of ‎Carl Schmitt's Theory

Document Type : Article

Authors

Hossein Rahmatollahi 1
Farima Jamali 2

1 Associate Prof., Department of Public Law, Faculty of Law, University of Tehran, Farabi Campus, Qom, Iran

2 Ph.D. Student, Public Law, University of Tehran, Kish International Campus, Kish, Iran

https://doi.org/10.22059/jplsq.2023.351676.3226
Abstract
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.

Keywords

constitution making power
‎Carl Schmitt
‎constitutional theory
‎constituent assembly
‎constitutional law
‎constituted powers
‎Islamic Revolution of Iran.‎
Subjects

  1. English

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    3. Loughlin, M. (2017). On constituent power. Cambridge University Press.
    4. Rubinelli, L. (2020). Constituent power: A history. Cambridge University Press, Vol. 128.
    5. Schmitt, C. (2008). Constitutional theory. Jeffrey Seitzer, trans. Duke University Press, Original publication: 1928.
    6. _______. (2022). Switzerland's Constitution of 1999 with Amendments through 2014.

     

    1. B) Article
    2. Loughlin, M. (2014). The concept of constituent power. European Journal of Political Theory, 13(2), 218-237.
    3. Partlett, W. (2017). The American tradition of constituent power. International Journal of Constitutional Law, 15(4), 955-987.

     

    References In Persian:

    1. A) Books
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    1. Articles
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    10. Office of Legal Investigations (2012), A review of the methods of revision of the constitution in comparative law , Research Vice-Chancellor, serial number 6748.
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    15. C) Thesis
    16. Rahmanian, A. (2016). Comparative study of the fundamentals of the immutable principles of the Constitution and the right of national sovereignty. Phd thesis of Public Law, University of Tehran.
Public Law Studies Quarterly
Volume 54, Issue 4
Winter 2025
Autumn 2024
Pages 2483-2497

  • Receive Date 26 November 2022
  • Revise Date 22 December 2022
  • Accept Date 30 January 2023

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