Document Type : Research Paper

Authors

• Seyyede fateme haghighat talab ¹
• Reza Sharifyazdi ¹
• Mohammad Jalali ²

¹ MA. Student, Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

² Associate Professor, Public Law Group, Shahid Beheshti University, Tehran, Iran

Abstract

Iran's first constitution, called the Mashruteh constitution, was constituted of two parts; NezamNameh Asasi and Motammem. This constitution is the initial document that marked the end of absolute monarchy and the commencement of the rule of law in Iran. Such a valuable text warrants extensive research as an introduction to comprehending the concept of a constitution in contemporary Iran. Nevertheless, it has not received adequate consideration and analysis.



In this regard, the present research focuses on a specialized examination of the drafting and arrangement of the Mashruteh constitution. For this purpose, this text discusses the necessity of drawing inspiration from other countries for drafting this constitution, its drafting process, its authors, and the determination of reference constitutions.



The results clarify that the majority of Articles in the Motammem and many in the NezamNameh Asasi borrowed or, in some cases, adapted from the constitutions of other countries. The NezamNameh Asasi drew inspiration from various foreign constitutions; However, the authors made significant changes in the foreign concepts to align them with the conditions of Iran. On the other hand, in the drafting of Motammem, few articles are unique to Iranian law, and most others are rooted in the Belgian Constitution of 1831.

Keywords

• Constitutional law
• Constitution authors
• Constitution drafting
• Model constitutions
• Mashruteh Constitution

Main Subjects

• Public Law