Unwritten Principles of the Constitution; Beyond the Text

The Constitution must be regarded as one of the elements of a larger order, and the political system based on it, and the "text of the constitution" is just one of these elements. The relationship between political forces and their balance, as the context in which the constitution is flowing, directly affects its life and expands it. In this article, we will draw a conception in which the constitution is not just a text but it includes also a bunch of non-written rules, which play a role in the political system. We are trying to find a fundamental notion on which this distinction is based. Legality and legitimacy are our criterions for such a distinction. We are trying to identify the moments in the political life of Iran in which these two conceptual couples (legality and legitimacy) have been revealed.  For, we will identify these categories in the system of constitutional law in Iran, and show the importance of researching them. Research on the constitutional law in Iran, with lack of these rules, cannot provide a true picture of the Constitution.