History of Law
fardin moradkhani
Abstract
The history of legal institutions, for instance administrative law institutions, is one of the unknown issues in Iranian legal discussions. Study the history of institutions can help analyze their status and problems. The subject of this article is a historical analysis of the establishment of one of ...
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The history of legal institutions, for instance administrative law institutions, is one of the unknown issues in Iranian legal discussions. Study the history of institutions can help analyze their status and problems. The subject of this article is a historical analysis of the establishment of one of the legal institutions in Iran, Which at that time, like France, was called the Council of State. In the exist sources in Iran about the history of the Court of Administrative Justice in Iran, there is only a brief reference to the law of the State Council of 1339. But the issue of establishing a Council of State since the victory of constitutionalism has been an issue for Iranians. This article by descriptive-analytical method and review of historical documents seeks to examine the question of what attempt have been made from the first parliament to the end of the Qajar era to establish a Council of State in Iran. In this article, by study of the exist sources such as the works of Qajar writers, government decrees, parliamentary laws, government programs and detailed parliamentary debates, we have concluded that There was a correct understanding of this institution and its competencies. But the fear that this institution would contribute to the tyranny and power of the monarchy prevented the establishment of this institution.
Fardin Moradkhani
Abstract
The theory of separation of powers is one of the most important concepts in public law that was stated for the first time by Montesquieu. Different and various conceptions and traditions of this concept have been created in different countries. Iranians became familiar with this concept during constitutional ...
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The theory of separation of powers is one of the most important concepts in public law that was stated for the first time by Montesquieu. Different and various conceptions and traditions of this concept have been created in different countries. Iranians became familiar with this concept during constitutional revolution through writings of intellectuals, and referred to it in Constitution. In this essay after a short consideration of the concept of separation of powers, we will investigate Iranian's experiences with this concept in the writings of intellectuals and clergymen and important experience of the first parliament. One of the main challenges of the first parliament was regarded to the separation of powers, because there were no clear guidelines for various bodies of newly created form of government. So, members of this parliament debated different issues, like the relationship between Executive and Judiciary and responsibilities of ministers.
