Proportionality of Legitimate Constitutional Theory Sheikh Fazlullah Nouri and Velayat Emam Khomeini

Abstract Sheikh Fazlullah Nouri, the famous jurist of the constitutional era, understood the secular nature of the constitutional process and took the opposite position. His view was explained based on the basic concepts of Sharia, the most important of which were the sanctity of human legislation and inequality of rights in Islamic society and the harmfulness of freedom for religious beliefs This view and insistence on them was effective in the constitutional movement and appeared in the principles of the constitutional amendment, the most important of which can be considered the formation of a religious commission subject to Article 2 of the constitutional amendment.This level of influence during the constitutional process was by no means favorable to the sheikh and the supporters of the constitutional theory, and this discourse continued to live like fire under the ashes until Imam Khomeini (ra) redesigned and revived it in the 1940s. In fact, the Imam's view of the constitution was critical and he considered it incompatible with the principles of the Sharia system and the Islamic government. Imam Khomeini has supported and emphasized the ideas of Sheikh Fazlullah Nouri in various places. Keywords: Constitution, Legitimate Constitution, Velayat-e-Faqih, Islamic Governmen