Research and Development in Public Law

Research and Development in Public Law

Constitutionalism and the Development of Iran's Constitutional Rights in Light of the Ideas and Practices of the Two Parties: Democrat and Moderate Socialists

Document Type : Original Article

Authors
1 Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University, Tehran Province, Islamshahr Branch , tehran, iran
2 Full Professor, Department of Public and International Law, Faculty of Law and Political Science, University of Tehran
Abstract
This paper explores the trajectory of constitutionalism in Iran, defining it as a historical movement centered on the supremacy of a written constitution over traditional political custom. Adopting a historical-cross-sectional approach, the study examines the contrasting roles of two pivotal factions during the Constitutional era: the Democrat Party, characterized by its liberal and radical reformist agenda, and the Moderate Socialists Party, which maintained conservative and religious leanings. The findings suggest that deep-seated ideological divisions specifically regarding the sources of political legitimacy, the intersection of religion and state, the nature of representative governance, and partisan methodology impeded the movement’s progress.
These internal conflicts, exacerbated by the absence of foundational socio-economic prerequisites such as a robust urban middle class and an industrial economy, culminated in frequent physical confrontations and political instability. Ultimately, this study argues that the rivalry between these parties and the structural inadequacies of the era contributed to the incomplete consolidation of constitutional norms and the stunted development of constitutional rights in Iran.
Keywords