Emulation in Drafting the Constitutional Law of Mashruteh; Examining Conformities, Innovations and Shortcomings

The first constitution written in Iran consisted of the "Nezam Nameh Asasi" and its supplement, drafted following the Constitutional Movement's victory, called "Mashruteh" in 1906 and 1907. This document, which marked a turning point in the constitutionalism movement in Iran, was influenced by the constitutions of countries such as Belgium, France, Bulgaria, Germany, and the Ottoman Empire. In this regard, the authors in another text have examined the extent and manner of this emulation. This article analyzes constitutional laws using a comparative approach, examining their patterns and comparing them to the "Mashruteh" constitution. The model laws are evaluated using two criteria: rights and freedoms, and public powers. Then, the "Mashruteh" constitution's position regarding these laws is analyzed through a comparative study. As a result of this research, it becomes clear that the Iranian law, in the classification of types of constitutional laws, is placed in the category of semi-authoritarian laws similar to its model laws and among them, with a greater inclination towards democratic Regulations, follows countries such as Belgium and Bulgaria. Meanwhile, the influence of the specific conditions of Iran during the Qajar era and the necessity of paying attention to religious and Islamic issues have created many unique examples in this constitution that distinguish it from all of its models.