Sovereignty as Monarchy; An instance in the place of the concept "The idea of national sovereignty from the initial encounters to its transformation in the legal treatises of the Constitutional Revolution"

Document Type : Original Article

Author

Assistant Professor in Public Law, Faculty of Humanities & Social Sciences, University of Kurdistan

10.52547/jlr.2023.230138.2424

Abstract

National sovereignty is one of the fundamental concepts in modern legal-political thought. The Introduction of this concept into the Iranian intellectual atmosphere became the intersection of an extraordinary conflict between tradition and modernity. By considering this, the present paper has analyzed the problem how it has been the initial encounters with the concept of national sovereignty in the legal treatises (Rasael) of the Constitutional Revolution, and scrutinized its transformation concerning modern juridical-political thought. Aimed to achieve this goal, we tried to describe and analyze legal treatises, specifically the constitutional law treaties on national sovereignty in that era. The theme of national sovereignty was proposed in the pre-constitutional intellectual space (Mirza Malkom Khan, Mostashar al-Dowleh) and then appeared in post-constitutional legal treatises in the form of the national monarchy (Saltanat-e Melli) and became the standard conception.The concept of sovereignty was first realized under the influence of Jean Bodin's thought in the works of Zoka-ol-Molk (Mohammad Ali Foroughi) and Manṣur-al-Salṭana (Mostafa Adl); thus the instance of sovereignty was used instead of its concept. Then, in Rousseau's intellectual horizon, this concept became more profound. The conflict between monarchy and national sovereignty was revealed in the treatises of Ebrahim Khan-e Oveisi and Mir Emad-e Naghibzadeh. Finally, among the treaties, in terms of methodology, it is possible to identify a theoretical trend that, benefiting from the universal, is preoccupied with the local and aims to explain it.

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References

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History

  • Receive Date: 07 April 2022
  • Revise Date: 17 June 2022
  • Accept Date: 26 June 2022

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