Document Type : Research

Authors

• seyyed mohammad hosein kazemeini ¹
• mohammad ali akhoundi ²

¹ هیات علمی دانشگاه تهران

² کارشناسی ارشد حقوق عمومی، پژوهشگر

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 in relation to 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.
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.

Keywords

• Genealogy
• constitutional law
• Iran
• abstraction
• public law

Main Subjects

• Jurisprudence and Law