Political Jurisprudence and Modernity: Discourse Analysis of Political Jurisprudence of constitutionalism

The major concern of this article would be the discourse justification of new political requirements such as limiting the political power, establishing of National Consultative Assembly, developing constitution, considering fundamental freedoms and national justice appeared in the political jurisprudence in constitutionalism period. The present article is to interpret political-lawful argumentations of entrance of political modernity to Iran in Qajar period within the framework of “Habermas’s communicative action theory”. To achieve this goal, the present writing tries to provide the required grounds towards the investigation of its claim via “critical discourse analysis” methodology and the documentary research method. According to the article, the two theories of “lawful constitutionalism monarchy” and “absolute monarchy” are considered as new theories in the tradition of Shiite jurisprudence developed against one another in the tradition of Shiite jurisprudence in constitutionalism period. The outcome of this article could be applied in various realms such as jurisprudence of novel issues, jurisprudence of freedom, the study of the originof political modernity in the contemporary Iran, and the critical analysis of clericalism in constitutionalism period.