A Study on Dr. Mohammed Mossadeq's Behavior towards the Parliament from the Viewpoint of the Constitution of 1906 and the Constitutional Theory

Abstract

Because of the economic, political and social conditions of iran in the early 1950s which resulted in a state of emergency, Dr. Mosadegh, the incumbent prime minister, made some supposedly legal actions and decisions affecting the Majles (the Parliament) and its law-making power. At first, to enquire the people's opinion he held a referendum, and based on its result he asked for the dissolution of the 17th Majles. In addition to that, he asked the Majles to delegate him the legislative power in nine specific issues, in August 1952. But in this case, he did not refer to the people’s vote. Since the Constitution of 1906 is silent about the issues such as referendum, state of emergency, and delegation of power, this article tries to recognize the mentioned subject matters in constitutional law and to analyze Dr. Mossadegh’s actions in holding referendum, dissolution of parliament, and requesting the delegated powers from the viewpoint of “the Constitutional Theory” in the parliamentary system.

Keywords

• state of emergency
• mosadegh
• referendum
• dissolution of parliament
• delegation of power