The Janusian Sovereignty; Investigation of the Conceptualization of National Sovereignty in the Iranian Constitution of 1906-07

Document Type : Original Article

Author

Assistant Professor, Faculty of Humanities & Social Sciences, University of Kurdistan, Sanandaj, Iran

10.52547/jlr.2023.231880.2509

Abstract

Abstract
National sovereignty manifested in an inconsistent way in the Iranian Constitution of 1906-07. This paper aims to find the causes of mentioned inconsistency and considers the process of foundation (constitution-making) and integration within the related legal form. Foundation manifested in the guise of socio-political forces (the material) and ideas would be the grounds of the legal form's integrity (the theoretical). By applying the phenomenological-historical-linguistic method in the field of concrete law, this historical study, first of all, started from the illustration of the determined language in the form and observed linguistic resemblances in the material and the theoretical levels. The material level is a trend toward creating an institutionalized and collaborative language; However, double-hatting of the First Parliament as the constituent and the constituted power, and the existing imbalance between the social forces in the political institution, has caused fluctuation in that language and reduced the concept of sovereignty to its diverse characteristics. Concerning the theoretical, the lack of ideas as the unifying element of the legal form in that historical period is certain (the local) and, as a result, its breaking from the universal in the construction process of the legal form has also made this issue more problematic. In this absence, the post-form doctrine has relied on the place of ideas and sought to fix or renounce the legal form in the future. Finally, as a matter of fact, by the lack of thinking, the material forces created a form without constructing the integration of its elements.

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History

  • Receive Date: 29 May 2023
  • Revise Date: 01 October 2023
  • Accept Date: 20 June 2023

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