Legal Analysis of the King, Cabinet and Parliament Relations in the Iranian Old Regime

Articles in Press

Document Type : Original Article

Authors

1 Department of Law.Faculty of Administrative Sciences and Economics.University of Isfahan. Isfahan. Iran.

2 B.A. Student of Law. Department of Law. Faculty of Administrative Sciences and Economics. University of Isfahan. Isfahan. Iran

10.48308/jlr.2024.233039.2580

Abstract

The 1953 Iranian coup d'état is one of the most controversial contemporary events in our country. An event that created many controversies about the legality of Mosaddeq's dismissal. Undoubtedly, it is difficult or even impossible to unravel the legal analysis of Mosaddeq's dismissal without understanding the relationship between King, the Cabinet and Parliament and the quality of the appointment and dismissal of ministers in Iranian old regime. the article reviews the theoretical framework based on the constitutional doctrine of the old regime, and analyzes the historical cases of the “willingness vote”, vote of confidence and the resignation of the prime minister after the recognition of the parliament in its early decades. This research can enhance our understanding of the old regime and help to resolve the controversial issue of whether Mohammad Mosaddeq’s dismissal was legal or not. Due to the fact that the institutions of willingness vote and vote of confidence are not stipulated in the Constitution, we tried to find the legal seeds of these institutions and show what political interactions in the balance of forces led to their emergence. The article argues that in the old regime, the king had the power to appoint ministers and the prime minister, while only the parliament had the power to dismiss them, and that the historical cases were consistent with this exclusive power of the parliament. The article adopts a legal doctrinal method and relies on historical documents, especially the parliamentary debates, as well as books that explain the historical doctrine.

Keywords

Main Subjects

Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 22 December 2024

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History

  • Receive Date: 17 October 2023
  • Revise Date: 05 March 2024
  • Accept Date: 22 December 2024

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