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 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.
Main Subjects
English
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