Delimitation of the “rights of the nation” in the constitution is an undeniable fact, however, the scope of rights and freedom in the constitutions varies from country to country. The main question of this article is that what is the reason for the difference in the scope of enacting the rights of the nation and the impact of restricting public freedoms on guaranteeing the rights of the citizens? Analyzing the instances of rights and public freedoms in the constitution of Iran and France, this research evaluates the amount of expansion and restriction of public freedoms influenced by different foundations, principles and values in the constitution of each country which does not entail the supremacy of one political system over the other. Moreover, delimiting the scope of legitimacy to enact the rights of the nation in the constitution is a necessary issue for the preservation and protection of public freedoms, since providing unlimited freedom will lead to inflicting damage to others due to the possibility that citizens may violate or abuse these absolute rights or freedoms which will finally lead to impossibility for other individuals to use their legitimate freedoms.