A Legal-Historical Reflection on the Second Revision in the Persian Constitution of 1906 in 1949

Document Type : Research Paper

Authors

1 Assistant Professor of Public Law, Department of Law, Political Sciences and History, Yazd University, Yazd, Iran

2 Associate Professor of Private Law, Department of Law, Political Sciences and History, Yazd University, Yazd, Iran

Abstract
Despite the absence an identified mechanism for revision in the Persian Constitution of 1906, due to fears of Qajar court interference and manipulation, the internal, regional and international events of the post-Constitutionalism era, gradually paved the way for the first revision in the Persian Constitution of 1906. Accordingly, the majority of the Fifth Session of National Consultative Assembly in 1925 through the adoption of a single-article bill, officially declared the transfer of power from Qajar to Pahlavi and tasked the constituent assembly for first revision in the constitution to establish the Pahlavi dynasty .Furthermore in accordance with historical contexts and eight years after that young Shah (Mohammad Reza Pahlavi) ascended to the throne, this document has been revised in 1949.the authors' approach is that the 1949 Constituent Assembly’s resolution in some phases of the constitution revision have acknowledged national sovereignty and citizenship rights, particularly right to self-determination and in some phases, disregarded them.Regarding the second resolution, the authors argue that the Constituent Assembly adopted a dual approach in granting the authority to dissolve parliament to Shah.Thus, the amendment of Article 48 cannot necessarily be regarded as an anti-constitutional measure or against citizenship rights.

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Articles in Press, Accepted Manuscript
Available Online from 10 May 2026