Document Type : Original Article
Authors
1
Public Law, Shahid Beheshti University, Tehran, Iran, Ministry of Science, Research and Technology
2
Public law, faculty of law, Shahid beheshti university, tehran, iran
Abstract
One of the most pressing challenges in contemporary Iran is the question of the theoretical foundations of governance and how these foundations have been shaped and can be strengthened within the country’s historical, cultural, and legal context. In this regard, revisiting the thoughts of the pioneers of the Constitutional Movement—as the initial architects of modern political order in Iran—is an unavoidable necessity, especially those thinkers who sought to reconcile modern concepts of governance with the indigenous conditions and intellectual structures of Iranian society. However, despite their theoretical and historical importance, the works of many of these thinkers have remained largely neglected or insufficiently examined from a legal perspective. Among these figures, Mirza Fathali Akhundzadeh stands out as one of the intellectual fathers of constitutionalism in Iran, yet his views on the theoretical foundations of governance—due to their distinction from those of other constitutionalist thinkers—have received comparatively little attention in public law scholarship. Akhundzadeh, who may be regarded as a radical or absolute constitutionalist, formulated a unique theory of governance. This concept is not only politically significant but also carries philosophical and theoretical weight, as it is grounded in two specific foundational principles. The first of these foundations is more prominent in his earlier works, while the second gradually gains prominence and eventually becomes the central pillar of his thought—one he remains committed to until the end of his life. This study, employing a primarily descriptive and to some extent analytical approach, seeks to explore the concept of governance in Akhundzadeh’s thought and to identify and explain its theoretical foundations. The objective is to clarify the legal dimensions of Akhundzadeh’s ideas on governance and to assess their theoretical potential for enhancing the legal and political structure of contemporary Iran. Accordingly, this article aims to conduct a close reading of his texts and writings, analyzing his perspectives on constitutional monarchy, the desired political order, and constituent power within the political system, and exploring how these foundations can be utilized to strengthen the pillars of public law in Iran.
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