THE CONCEPT OF EQUALITY BEFORE THE LAW IN THE SUPPLEMENT OF THE IRANIAN CONSTITUTION DURING THE CONSTITUTIONAL REVOLUTION

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SOLTANI S. N.

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Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2013 | Volume:4 | Issue:2 (7) Page(s): 59-90

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Title

THE CONCEPT OF EQUALITY BEFORE THE LAW IN THE SUPPLEMENT OF THE IRANIAN CONSTITUTION DURING THE CONSTITUTIONAL REVOLUTION

Author(s)

SOLTANI S. N. | Issue Writer Certificate

Keywords

EQUALITY BEFORE THE LAWQ2

EQUALITY IN THE LAWQ2

EQUALITY BEFORE THE JUDGEQ2

DENOMINATEUR COMMUNQ2

PRIVILEGESQ2

Abstract

During the Iranian constitutional revolution in 1906 many legal concepts emerged, one of which was EQUALITY BEFORE THE LAW. The emergence of this concept in the constitutionalists’ discussion was a sign of fundamental changes in the moral foundations of the society and thus was a basic concept and a foundation for the establishment of the rule of law. Defending this concept and distinguishing between “equality before law” and “equality in law” was made possible with reliance on its Shia jurisprudential background. Shia jurisprudence as a legal system recognises this distinction. Constitutionalist jurisconsults dealt with paralogism in the concept of equality with reliance on these concepts. However, the debate on equality was not just a legal debate and the society was also moving towards new aspects of equality. Accordingly, there was a struggle beyond law to discover new equalities and these conditions paved the way for the emergence of paralogism. Writing about the history of these concepts and the conditions in which they emerged is an effort towards writing the history of public law concepts in Iran, the history which has been disregarded by jurists and its codification has been left to general historians who have not have the required means to write this part of the constitutional history which is the most important aspect of the history of the Iranian constitutional law. After a short introduction to the background of the concept of equality on the eve of the Iranian constitutional revolution, this paper discusses the views of the Academic Journal of Legal Studies 6 constitutionalists and anti-constitutionalists about the concept of equality. Efforts for establishing this concept started before the constitutional revolution but no principle was dedicated to it in the constitutional document. This concept, in fact, was mentioned in the principle 8 of the supplement to the Iranian constitution during the constitutional revolution. This paper examines the development of this principle to its final form. Since, there were two understandings of the concept of equality in the debates during that period, it has been necessary to distinguish between the two understandings to follow the discussion. This paper presents the definition of EQUALITY BEFORE THE LAW by the constitutionalists had and how such accurate definition was achieved. The paper will examine how the same debate occurred in the German parliament in 1849 which greatly resembles the debates of the constitutionalists in Iran during the constitutional revolution. This examination will shed some light on the debates by the Iranian constitutionalists. Finally, the paper examines the concepts similar to the concept of equality in Sharia jurisprudence.

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APA: Copy

SOLTANI, S. N.. (2013). THE CONCEPT OF EQUALITY BEFORE THE LAW IN THE SUPPLEMENT OF THE IRANIAN CONSTITUTION DURING THE CONSTITUTIONAL REVOLUTION. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 4(2 (7)), 59-90. SID. https://sid.ir/paper/223553/en

Vancouver: Copy

SOLTANI S. N.. THE CONCEPT OF EQUALITY BEFORE THE LAW IN THE SUPPLEMENT OF THE IRANIAN CONSTITUTION DURING THE CONSTITUTIONAL REVOLUTION. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2013;4(2 (7)):59-90. Available from: https://sid.ir/paper/223553/en

IEEE: Copy

S. N. SOLTANI, “THE CONCEPT OF EQUALITY BEFORE THE LAW IN THE SUPPLEMENT OF THE IRANIAN CONSTITUTION DURING THE CONSTITUTIONAL REVOLUTION,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 4, no. 2 (7), pp. 59–90, 2013, [Online]. Available: https://sid.ir/paper/223553/en

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