alireza salehi; mostafa abtahi; abolghasem taheri
Volume 3, Issue 3 , December 2022, , Pages 7-24
Abstract
The different viewpoints of the jurists of the constitutional era, regarding the nature of the government during the absence and the difference in their starting point from the basic ...
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The different viewpoints of the jurists of the constitutional era, regarding the nature of the government during the absence and the difference in their starting point from the basic principle of the inadmissibility of forming a government, caused a difference in the way the government was formed. This article is in response to the question that the approach of these jurists about the nature of government had an effect on the process of formation of constitutional monarchy. Using the descriptive-analytical method in the framework of interpretive historical sociology studies, the article believes: the lack of theoretical coherence of the jurists of the constitutional era in the face of the constitutional monarchy, gradually created boundaries in the society; In such a way that some considered the establishment of new institutions to be against the Shariah standards and to fight against it, and some believed that the preservation of the foundations of Islam depended on the establishment of such institutions. According to the findings of this research, the sanctification of political behavior under Sharia titles led the society towards social, political and legal gaps and gave a stable state to the created gaps. A situation that caused the removal of platforms for peaceful dialogue between the two groups of supporters and opponents and created disruptions in the process of institutionalizing constitutional monarchy as one of the indicators of the rule of law and overshadowed the process of political development in contemporary Iran.
