Analyzing the Challenge of Separation of Powers during Pahlavi II Era Case Study: Interpretation of 82nd Amendment to the Iranian Constitution

Abstract

The interpretation of principle 82 of the constitutional amendment was one of the challenging resolutions of the Reza Shah era, which, by violating the principle of separation of powers, gave the government the power to change judges. After the resignation of Reza Shah, the bill was subject to various legal and political challenges. This research, with the aim of analyzing the ups and downs that the aforementioned interpretation via using a descriptive-analytical approach and documentary and library method has tried to answer the main question that: what factors contributed to the implementation of the interpretation of principle 82 of the constitutional amendment? It is assumed that the political power structure after the World War II and the desire to concentrate power in the government have been effective factors in the interpretation of this principle of the constitution. The results of the research show that before the abolition of the interpretation of the above principle, it was necessary to implement complicated and difficult adjustments, and without them, the abrogation of the above interpretation would lead to negative results. On the other hand, it was not possible to undertake the necessary reforms in the unstable atmosphere of the early period of Pahlavi II, so the abolition of the interpretation was delayed for several years. In 1952, this interpretation was completely abolished, but in the years 1955 and 1956, for political reasons, two other laws were introduced. The first law moderated this interpretation and the second indirectly revived it.

Keywords

• constitution
• interpretation of principle 82
• separation of powers
• pahlavi ii