The Basis of Parliament Members` Legality for Legislating in Imam Khomeini`s View

Necessity of parliament and congress in today`s government may not be doubted by any one and so is in an Islamic government. Parliament deputies are bound to such duties and rights that performing them needs a kind of guardianship and authority. In Islamic thought, no type of exerting guardianship and authority is divinely permitted other than that given by the Supreme God to faqih. Therefore, a reasonable documentation is needed for parliament deputies to have such a legality and right. To solve the problem, among foqaha, studying Imam Khomeini’s thought as the great theoretician of the Islamic revolution is of great importance. Referring to Imam Khomeini’s ideas, we meet two solutions in the field. One is extending legitimacy as far as it includes legislature and the other is regarding parliament right as a kind of attorneyship given to the deputies by people.