The Basic concepts of Constitutionalism and the Rule of Law in the Thought of Sheikh Hossein Yazdi

Document Type : Research Paper

Author

Associate Professor, Department of Law, Faculty of Law, Political Science and History, Yazd University, Yazd, Iran

Abstract
Sheikh Hossein Yazdi, who was a student of Mirza Shirazi and a mujtahid of the Samarra and Najaf seminaries, realized the impact of the intervention of scholars in politics in the school of his teacher Mirza Shirazi following the tobacco ban and gradually joined the constitutionalist and law-loving movement of the Iranian nation, along with the constitutionalist modernists. Sheikh Hossein Yazdi's starting point in establishing and promoting Iranian constitutionalism, like many other constitutionalist jurists, was to preserve the essence of Islam and the essence of the Shiite state. However, his effective presence in the constitutionalist struggles and representation in the National Consultative Assembly in the early years of the Assembly revealed to him the importance of the rule of law and the legislative assembly, and he made effective theoretical and practical efforts in creating institutions and tools for the rule of law from the standpoint of Sharia and reason. ; In his view, the representatives of the parliament were the examples of the people's reliable intellectuals who received their decision-making will from the collective vote and will of the thirty million Iranian people and were committed to respecting the interests of the general public.

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