A Reflection on the Position of the Legislative Power in the Idea of the Constitutional Rights of Martyr Beheshti

During drafting and codifying the Constitution of the Islamic Republic of Iran in 1979, there were several discussions among members of the parliament (MPs) about the position of the legislative power and the review and approval of this law. At that time, Martyr Beheshti played a very important role in shaping the current structure of the legislative power in the Constitution. The feedback of these debates can be seen in the impact of his theory of Ummah and Imamate in such matters as the meaning of the legislation in Majlis (the Islamic Consultative Assembly), the limits of the powers of Majlis, delegated legislation, the position of the Guardian Council in relation to the Majlis, parliamentary immunity and the position of MPs. In this article, an attempt has been made to address some issues related to the Legislature of Iran in the thought and view of Martyr Beheshti during drafting, reviewing and codifying the Constitution. Accordingly, we will first deal with the general position of legislation and the legislature in Martyr Beheshti’s thought, and then we will review the issues related to the legislature in his views. The basic premise of this article is based on the fact that the idea of Martyr Beheshti in terms of his real and legal status has been effective in establishing some components of Majlis in its current form.