The powers of "leadership" in the Constitution of the Islamic Republic of Iran

Document Type : Original Article

Author

هیئت علمی دانشگاه شیراز

10.48308/jlr.2024.231098.2465

Abstract

Abstract:

In the Constitution of the Islamic Republic of Iran, several evidences indicate the simultaneous influence of several theories of religious government, in such a way that the nature of the system fluctuates from the interpretation of "national sovereignty" to "absolute authority of the faqih". It is natural that such a variety is actually a reflection of the ideas affecting the process of approving the Constitution and then revising it. In this article, we intend to show that, on the one hand, the requirements of the republic and the democratic aspects of the system do not allow us to accept every interpretation of the religious interpretation in the Constitution, and on the other hand, the acceptance of supervision role of faqih even in the most majoritarian religieuse theories of the government, including the theory of the absolute authority of the faqih, has made it possible to combine the two aspects of the system, democratic and religieuse, in the text of the Constitution. Therefore, while distinguishing between the two concepts of "leader" and "sovereign faqih( velayah)", it is possible to separate the duties and powers of leadership in three axes (executive presidency, state presidency, velayah) and only the leader's supervisory status in principle. 57 of the Constitution, considered inherent and consistent with the role and position of his velayah. However, in the current government procedure, such separation seems practically impossible.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 12 May 2024

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History

  • Receive Date: 15 March 2023
  • Revise Date: 02 February 2024
  • Accept Date: 12 May 2024

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