Public Law
Seyed Naser Soltani
Abstract
This research aims to indicate the roots of public law in the Constitutionalism in which the prerequisites for the citizens of the country to participate in public affairs as well as the basis for developing the concept of political participation were provided. This study examines the topic in the works ...
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This research aims to indicate the roots of public law in the Constitutionalism in which the prerequisites for the citizens of the country to participate in public affairs as well as the basis for developing the concept of political participation were provided. This study examines the topic in the works of one of the famous jurists of this era. The concept of political participation should be developed by restricting both claims and obstacles. First, it had to constitutionalize the independent monarchy that it considered the whole country as its absolute property, and then recognized an authority for the public in public affairs, which was previously under the authority of the jurists. Both of these obstacles were removed through the concept of political equality. It was for years that concepts were being prepared in the workshop of Constitutionalism to create equality of humankind. Even a concept like representation was the result and implication of the concept of political equality. Within concepts such as "common house", "thirty crores" and "public affairs", the notion of political equality of the people of the country was developed and with the help of such foundation, thinking about such concepts was made possible. The present paper indicates that the emergence of these concepts was a sign of a fundamental change in the basis of sovereignty and its transfer from the king to the people on the one hand and the establishment of a kind of the public authority on the other hand.
