Extra-legal Actions to Re-interpret Article 82 of the Constitutional Amendment during Reza Shah Era

Abstract

Reza Shah's policies regarding the judiciary system can be evaluated in the direction of The Realization of Modern Absolute Government which was as a kind of reconstruction and redefinition of the traditional order at pre-constitutional period. Therefore, the direct intervention of the executive branch in matters of justice and the neglect of principles 81 and 82 should be considered as the continuation of the controversy between traditional tyranny and the democratic order and constitutionalism. This Principles were widely violated at the earlier of this year. and continued and led to the presentation of an interpretation of principle 82. This interpretation, which disaffected the two principles in the same time, provided an apparently legal solution to the Minister of Justice in order to ignore the independence and defection of the justice and attempt to change the intervention of the judges. This research is done with the goal of considering the effective factors in Legitimize Government Domination in Courts, it has been conducted by descriptive- analytical approach, by documentary and library method and seeking to answer this fundamental question that, which are the main factors in the interpretation of principle 82 by the regime. The findings of the research presents that the authoritarian nature of the government was a source of pressure on the courts to issue voter sentences, and since some of the judges were not willing to cooperate within the framework of power, so to eliminate the legal barriers to their removal, the rule of interpretation of Article 82 Was drafted and approved.

Keywords

• persian constitution of 1906
• reza shah
• justice
• interpretation of article 82
• independence of judges