Abstract:
Speaking of constitutional law in the era before the constitutional movement may seem a bit far-fetched. However, with a little reflection, one can realize the sovereignty of constitutional law, meaning the existence of rights and duties for the government even in this period. In this era, sovereignty belongs to someone who considers it derived from God. Therefore, he is accountable not to the people, but only to God. His power is unlimited, and following him is as obligatory as obeying God. All powers are concentrated in his hands; he legislates by issuing royal decrees, he and his subordinates execute them, and the people are compelled to follow the regulations of the head of state. In the event of a dispute or conflict, it is this king or his appointees who adjudicate and handle the matter. Of course, the king's power occasionally becomes limited due to the establishment of divine sovereignty and the implementation of his teachings mentioned in the official religion and faith of the country, the existence of fundamental customs and practices inherited from his predecessors, and the existence of the aristocracy and clergy classes.
Machine summary:
In this era, sovereignty belongs to someone who considers it derived from God. Therefore, he is accountable not to the people, but only to God. His power is unlimited, and following him is as obligatory as obeying God. All powers are concentrated in his hands; he engages in legislation by issuing royal decrees, he and his subordinates execute them, and the people are compelled to follow the regulations of the head of state.
It is true that in this period of history, no position higher than the king exists, and he is the holder of the constituent, legislative, executive, and judicial powers; however, his power is also relative for several reasons, because there are deep-rooted customary rules, such as the fundamental laws of the monarchy in France and the fundamental customs in Iran, or religious rules that were created or accepted by the king's predecessors.
14 Therefore, in the system prior to the 1789 revolution in France and the absolute monarchy system in Iran, these two countries possessed an absolute and unconditional monarchy; the constituent power and all public powers belonged to the king.
Although the discussion of constituent power had not been raised in these two countries during this period, the king, as the holder of sovereignty, could practically organize or limit his power, and revise the material and customary constitution of his land through the issuance of royal decrees.
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