Comparison of the Constitutional and Legitimist Scholars, Concerning the Parliament, the Principle and Limits of Legislation and the Majority

Abstract

The introduction of the concept of the Constitution and related concepts as well as the existence of these concepts in the political-struggle literature of the people and scholars in Iran caused serious challenges and discussions. Among them is the concept of parliament, the subject of legislation, the limits of legislation and the majority. This paper aims to analyze and compare the views of scholars concerning this issue: Sheikh Fazlullah Nouri, Aliakbar Tabrizi and Najafi Marandi from among those who tended to Legitimacy and Allameh Na’ini, Abdulhossein lari, Mahallati, Thiqat al-Islam Tabrizi and Agha Najafi Isfahani from among those who tended to Constitution, based on the historical-comparative method. Findings show that, firstly, there is a serious difference of opinion regarding the constitution and the concepts in question, among the scholars who are referred to as constitutionalists and legitimists in general, and these two sets should not be viewed simply, and secondly, sometimes there is no fundamental difference of opinion between constitutionalist and legitimate scholars.