What is The Nature of Parliamentary Representation in the Minds of Jurists From the Constitutionalism to the Islamic Revolution

Document Type : Original Article

Authors

1 Behbahan Azad Uneversity

2 Associate Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran (Corresponding Author)

3 Associate Professor.Department of law.University of Esfahan

Abstract

Legislative assemblies in democratic governments have a special importance which are referred to as fundamental institutions; so that after the introduction of this concept in during the constitutional period, it has attracted the attention of jurists and thinkers. Given the importance of this issue, the question is; what is the position of the parliament in Iran from the perspective of figh and public law? Considering in this area can be found that the dominant approach to the concept of representation of efforts to localize this emerging institution in Iran. However, by examining each of the views expressed in relation to the position of the representative, it can be seen that the scholars and thinkers emphasized on the implementation of this emerging institution on sharia law. But it seems that the concept of representation, despite its similarity with the power of attorney contract, cannot be compared with it. This is because representation, as one of the modern concepts of public law, has its own rules and characteristics, according to which it is by no means logical with the so-called advocacy in figh, but in terms of non-conflict with the principles and norms of Sharia, it has been accepted in the form of customary terms.

Keywords

Political Sociology of Iran
Volume 5, Issue 6
August 2022
Pages 491-530

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