نوع مقاله : ترویجی
عنوان مقاله English
نویسنده English
The Constitutional Era is one of the most important periods in the transformation of legal and political thought in contemporary Iran. During this period, modern concepts of public law were redefined through interaction with the intellectual, religious, historical, and cultural heritage of Iranian society. This study aims to examine the manifestations of Iranian-Islamic identity in the legal thought and discourse of the Constitutional Era and to determine its role in shaping fundamental legal and political concepts. The significance of this research lies in the fact that previous studies have mainly focused on the political and institutional dimensions of the Constitutional Revolution, while paying less attention to the role of identity in its legal discourse. The innovation of this study is its simultaneous analysis of historical sources, constitutional treatises, intellectual texts, and recent studies through a historical and discursive approach. The main hypothesis is that the legal discourse of the Constitutional Era, through the interaction between Iranian and Islamic intellectual traditions and modern legal concepts, contributed to redefining concepts such as law, justice, legitimacy, liberty, equality, and political order. This study adopts a descriptive-analytical method and relies on library sources. The findings show that the main intellectual and legal challenge of the period was reconciling traditional principles with the requirements of a modern legal order. This process was pursued through reinterpretation of religious and historical concepts and their connection with emerging legal ideas. Law was increasingly understood as a means of limiting governmental power, establishing justice, and protecting the rights of the people, while efforts were made to ensure compatibility between the new political order and Islamic principles. At the same time, concepts such as nation, independence, rule of law, and public interest reflected important dimensions of Iranian identity. Therefore, the legal thought of the Constitutional Era was neither a simple adoption of Western models nor a complete continuation of the traditional order. Rather, it emerged from an interaction between tradition and modernity and from efforts to develop a legal framework compatible with Iran's historical and cultural conditions. Consequently, Iranian-Islamic identity played a significant role in shaping the legal discourse of the Constitutional Era and contributed to the development of modern public law in Iran.
کلیدواژهها English