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:: Volume 6, Issue 18 (3-2018) ::
Public Law 2018, 6(18): 111-135 Back to browse issues page
Scrutiny on the Theory of Separation of Powers in the Islamic Republic of Iran with a View to its Relation with Velayat-e-Faqih
Ali Shia Ali Dr , Vahid Zare
Abstract:   (1624 Views)

Ali Shia Ali1* & Vahid Zare2
1- Assistant Professor, Islamic Azad University of shirvan
2- Master of public law, Tehran University

Abstract

The theory of separation of powers is accepted in the Islamic Republic of Iran, inferred from the statutes and the Guardian Council's opinions. Nevertheless, implementation of this theory is faced with some ambiguities and the boundary among the scope of tasks of the triple powers is not obvious. Hence, the Guardian Council as the formal Constitutional interpreter as well as the institution for reviewing the Constitutionality of the enactments of the Islamic Consultative Assembly resolves the disputes among the triple powers. The subject of this article is to study the essence of the theory of separation of powers and to analyze some of the most important seeming interference of the tasks of the triple powers, and the Guardian Council's opinions in this regard. As the result, the Guardian Council resolves the disputes of the triple powers as the interpreter of the Constitution in cases there exists the possibility of seeming interference in the tasks of triple powers. The principle of separation of powers based on the political structure of the Islamic Republic of Iran is used to make compatible the triple powers. Therefore, regarding the governmental structure of Iran and the existence of Velayat-e-Faqih (the Supreme Leadership) and its full authority on all pillars of power, the modern approach of the theory of separation of powers could not be accepted and the traditional approach should be considered in this respect. Besides, the separation of powers based on the Constitution of Iran is a relative issue. This article is a descriptive-analytic research.
 
* E-mail: Parnoon@gmail.com
Keywords: Interference of the Authorities, Separation of Powers, Guardian Council, Constitution, Velayat-e-Faqih.
Full-Text [PDF 474 kb]   (470 Downloads)    
Type of Study: حقوق ایران | Subject: حقوق اساسی
Received: 2017/01/2 | Accepted: 2018/03/25 | Published: 2018/05/16
ص. 111-135
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Shia Ali A, Zare V. Scrutiny on the Theory of Separation of Powers in the Islamic Republic of Iran with a View to its Relation with Velayat-e-Faqih . Public Law. 2018; 6 (18) :111-135
URL: http://mag.shora-rc.ir/article-1-418-en.html


Volume 6, Issue 18 (3-2018) Back to browse issues page
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
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