In this article, regarding the tow important pole of religious flow in the constitutional area, seminary schools of Tehran and Najaf, also an important role of sheikh fazlullah Noori, through a theoretical and historical study have been illustrated that, unlike the historical murmur, Najaf religious scholars be agreed with sheikh fazlullah on theoretical issues like constitution, legislative council, legislation, equality and freedom. Their only dissension was about objective referents of council and constitution which resulted in some disagreements in regard to constitution between them.