IRANIAN’S CONSTITUTIONALISM AND HUMAN RIGHTS

Abstract

Constitutional court has three functions in modern nation-state where democracy is accepted as deep value by social consensus and furthermore by constitutional law. First, it deals primarily with constitutional law by its authority of checking ordinary law that coincides with constitution. Second, the check and balance system (separation of powers) has been preserved by this court. So far, it can be established by rule of law or has pivot role to guarantee L`Etate de driot. Third, individual rights and liberties shall be protected by constitutional court. In fact, it has duties to protect of human rights, liberties and democracy against act of government through illegitimacy law-making, arbitrary arresting and etc. In this paper, I am concentrating on the third duty of constitutional court. Therefore, I will survey this function in Iranian legal sphere between two revolutions (1906-1979). Methodology of paper is relied on empirical study that I have done the historical event in relation of human right and constitution.