Research and Development in Public Law

Research and Development in Public Law

Leftism and the refusal of a fundamental bargain in the constitutional law; (A Reflection on Sheikh Hossein Yazdi's Thoughts in the First Session of the National Consultative Assembly)

Document Type : Original Article

Authors
1 Department of Law, Faculty of Law, Political Science and History, Yazd University, Yazd, Iran
2 PHD Student in Public law, University of Tehran,, Tehran,, Iran.
Abstract
The Iranian Constitutional Movement was a type of social movement that gradually came to fruition with a civil and non-revolutionary nature in the understanding of intellectuals, various classes of merchants and marketers, and constitutionalist clerics. Its most important achievement was the drafting and ratification of the first Iranian Constitution, which laid the foundation of the new political system. This Constitution could only be recognized as a "basis" and regulate the rules of the game of political power if it was drafted with the maximum participation of political forces and gained their trust that the rules had been designed fairly. Otherwise, each of the political forces, while having the upper hand in the real scene of politics, would distance itself from the text in practice and at the same time try to color the text of the Constitution in accordance with its own desires. After the victory of the Constitutional Movement, groups such as the Popular Socialists, with their violent and revolutionary actions in the face of the thousands-year-old tradition of monarchy and religion, prevented They became such a balance and practically made the constitution and constitutionalism face inefficiency and failure.
Meanwhile, Sheikh Hossein Yazdi, a constitutionalist mujtahid and a representative of the first periods of the parliament, tried to take the side of moderation in the conflicts between radical leftists and traditional conservatives in order to help the cohesion and continuation of constitutionalism and to establish the non-violent nature of the Iranian constitutional movement. In confronting the court, associations, and popular socialites of the first National Consultative Assembly (democrats of the second National Consultative Assembly), he tried to reach a point in the relationship between political forces with his speeches and articles, which were reflected in the Majlis newspaper, which could perhaps be called a "basic deal" or basic bargaining.
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