ABSTRACT
Chapter three discusses the linkage between law and freedom. By analyzing a number of significant legal texts, such as the Constitutional Decree, the first constitution and its supplement, the first Press Law, and the proceedings of the first two majlises, this chapter aims to examine the Iranian legislators’ interpretations of the second variable of the triadic concept of freedom, namely the restraint on freedom. During the first constitutional period (August 1906–June 1908), the concern of the first majlis was to establish the rule of law. In legislating the constitution and its supplement, the majority of the majlis believed that the main obstacle to freedom was arbitrary rule. Therefore, they endeavored to restrain the government’s illegal and arbitrary interferences in the people’s freedom. However, they did not develop a rational criterion for identifying legitimate and justifiable legal interferences. During the second constitutional period (July 1909–February 1921), the main concern of the second majlis was to restrain the chaos and to strengthen the central government in order to put an end to domestic insecurity and foreign threats. Chaos is a situation where there is an absence of all obstacles to freedom, in such a way that the one who has more power enjoys more freedom. To rectify such a situation, the majlis gave carte blanche to the government and empowered it to interfere even in the freedoms guaranteed by the constitution. As a result, the situation began to turn from chaos towards arbitrary rule.
