Document Type : Article
Authors
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
Abstract
Unfortunately, the concept of the constitution making power has not only been abandoned in the discussions of Iran's constitutional law, but has also been misunderstood in many cases. And the prevailing opinion is that after determining the type and form of the state and forming and approving the constitution, this force and constructive power has ended and will be dissolved so that the strength of the established state can be guaranteed. This opinion is dangerous because it may lead to ignoring and forgetting the vital role of the nation who are the real creators and owners of a political system and the creator cannot dissolve and disappear in his creation. Such a view will lead to dictatorship and the loss of people's right to sovereignty. Therefore, in this research, which was carried out by a descriptive-analytical method and library collection, first, the important concepts that are usually confused will be clarified, and then, according to the eighth chapter of Carl Schmitt book, Constitutional theory, the status of the constitution making power and its role in the Islamic revolution of 1979 will be examined.
Keywords
- Constitution making power
- Carl Schmitt
- Constitutional Theory
- Constituent assembly
- Constitutional law
- Constituted Powers
- Islamic Revolution of Iran
Main Subjects
English
- A) Books
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- Loughlin, M. (2017). On constituent power. Cambridge University Press.
- Rubinelli, L. (2020). Constituent power: A history. Cambridge University Press, Vol. 128.
- Schmitt, C. (2008). Constitutional theory. Jeffrey Seitzer, trans. Duke University Press, Original publication: 1928.
- _______. (2022). Switzerland's Constitution of 1999 with Amendments through 2014.
- B) Article
- Loughlin, M. (2014). The concept of constituent power. European Journal of Political Theory, 13(2), 218-237.
- Partlett, W. (2017). The American tradition of constituent power. International Journal of Constitutional Law, 15(4), 955-987.
References In Persian:
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- C) Thesis
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