Abstract:
The following article deals with the genealogy of constitutional law in Iran from its development to the present day and attempts to review the historical and epistemological developments of this branch of law in different periods and about each other. The main issue of the text is to understand the dominant discourse of constitutional law in contemporary Iran and to examine its dominance genealogically through the analysis of the main texts and the thoughts of scholars in this field, emphasizing the focal feature of this discourse, namely abstraction. The texts of the mentioned ideas were chosen in this article in order to follow the aspects of the development of the dominance of the discourse of abstraction in the constitutional law of Iran. What is evident in the analysis of the influential texts of the aforementioned knowledge is its disproportionateness with its historical position and, as a result, the marginalization of the link between history and constitutional law. This article seeks to answer the question of how, with a historical genealogical look at the development and evolution of constitutional law in Iran, the relationship between various ideas and approaches in the development of the aforementioned discourse in this field can be analyzed. On this basis, an attempt has been made to analyze the evolution of constitutional law with regard to their understanding and their central concept in seven different but complementary readings.
Machine summary:
An Introduction to the Genealogy of Constitutional Law in Iran; From the Beginning to the Present Seyyed Mohammad Hossein Kazemini * Mohammad Ali Akhoundi ** Abstract The following article addresses the genealogy of constitutional law in Iran from its formation to the contemporary era and attempts to review the historical and epistemological transformations of this branch of law across different periods and in relation to one another.
For this reason, this matter appears very difficult; because our constitutional law legacy has emerged and expanded without this integrative view; meaning that constitutional law professors, while writing their fundamental texts and employing canonical concepts, have not shown the necessary attention to the history of constitutional law and what preceded them in the legacy of their predecessors in this science, and in a sense, each has found themselves at the beginning of the path of this science in Iran, oblivious to the issue of Iran, and seeking a new beginning for it.
6. 3 Constitutional Law in Relation to the Constitution After Seyed Abolfazl Qazi and his efforts for an extensive discussion on the general principles of constitutional law in the French tradition and his lack of attention to Iranian constitutional law, Seyed Mohammad Hashemi (1320-1401 SH) utilized this established foundation and, considering the serious vacuum in the interpretation and analysis of the Iranian Constitution, devoted his efforts to explaining and expanding it.
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