نوع مقاله : علمی - ترویجی
استادیار گروه حقوق بینالملل و عمومی، پردیس فارابی، دانشکده حقوق، دانشگاه تهران، قم، ایران.
عنوان مقاله [English]
The constitutionalism idea in Iran has a historical background and battle against arbitrary since many years ago considerable efforts have been made in this respect. Since the introduction of Constitutional Vision as one of the most important tools for bounding the extreme powers of the government in all over the world, this issue became prevalent in Iran as well. Amir Kabir and Sepahsalar were the first people in Iran who tried to write a constitution and the constitution as a device to beat against despotism has attracted their attention. Although Amir Kabir’s attempts failed due to the fact that he was murdered, they were followed by other people and the first draft of Constitution was provided thanks to attempts of Yousef Khan Mostashar al-Dowleh. In spite of the marginal principles indicated in the draft by authors, they could act as an overture to further efforts and contributions. Noting the concepts of constitution and principles of the rule of law indicated by the authors can contribute to a better understanding and recognition of these concepts. A number of concepts included in the passage need more elaboration and moreover, the passage points out some of the historical concepts of Persian Constitution Revolution which have not been well-investigated in the current Constitution of Iran. Exploring this heritage and its reflections in the constitutional courses is considered as one of the ways to develop and extend Constitution of Iran.