The concept of imposed constitution

Document Type : Original Article

Author

Associate Prof in public law, Department of law, Faculty of humanities,Bu - Ali Sina university, Hamadan, Iran

10.48308/jlr.2025.240332.2911

Abstract

The constitution, as the fundamental document of the legal system, is a very complex concept, and numerous discussions and theories have been formed about it. One of the important issues regarding the constitution is the types of this concept. Researchers have so far identified various types of constitutions. One of them is the imposed constitution. This article, using a descriptive-analytical method, seeks to answer the question of what an imposed constitution is and what types it has. In the first definition of this concept, it was considered related to a situation in which a foreign country imposes a constitution on that country without the consent of the people because of war, occupation, or colonization. Later, along with foreign imposition, internal imposition was also mentioned, which includes cases such as generational imposition and elite imposition. One of the important issues regarding the imposed constitution is its relationship with the element of consent, which causes legitimacy, which this article has attempted to discuss.

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Articles in Press, Accepted Manuscript
Available Online from 19 November 2025
  • Receive Date: 07 June 2025
  • Revise Date: 02 November 2025
  • Accept Date: 19 November 2025