Various Interpretations of the Experts of the Constitution (1358) on the Concept of Separation of the Powers

Document Type : Original Article

Authors

1 Ma tabriz university

2 PhD student in Public Law, Qom University

3 University of Qom

10.52547/jlr.2022.224951.2057

Abstract

The legal regulation of political power is considered a formal characteristic of fundamental rights. The principle of separation of powers is one of the fundamental principles that can regulate political power. From this point of view, it is important what attitudes and readings the constitutional law experts had in 1358 regarding the concept of separation of powers. Acknowledging the opinions of constitutional experts on the principle of separation of powers in the Assembly of Constitutional Experts has a close connection with the inclusion and implementation of this principle in the Constitution. Based on this, in the following article, the authors have tried, in the shadow of the theoretical examination of the foundations of the principle of separation of powers in the West and Islamic legal systems, the views and perceptions of the experts of the Constitution in the Assembly of Experts of the Constitution with it. to evaluate the ratio to obtain a broad and deep understanding of the concept of the separation of powers in the Parliament of the final review of the Constitution and related approval principles. This research has concluded with a descriptive-analytical method that there were eleven different interpretations of the concept of separation of powers in the Parliament of the final review of the Constitution. Based on these eleven different opinions, except two opinions, constitutional law experts did not have a new attitude to the content of the concept of separation of powers, and therefore the structural principles of separation of powers were relatively and differently manifested in the constitution. In other words, the principles and benefits of the separation of powers were not rejected by constitutional experts in general, but they were not fully reflected in the Constitution. At the end of the research, a proposal has been submitted to the revision body of the Constitution of Iran to complete and amend the aforementioned principles in line with the ultimate goals of the concept of separation of powers.

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References

Books
23)Carolan, E. (2009). The new separation of powers: a theory for the modern state. Oxford University Press on Demand.
24)Troper, M. (2008). Séparation des pouvoirs. Dictionnaire encyclopédique de théorie et de sociologie du droit, Paris, LGDJ, 552-553.
Articles
25)Strauss, P. L. (1984). The place of agencies in government: Separation of powers and the fourth branch. Columbia Law Review, 84(3), 573-669.
Waldron, J. (2013). Separation of powers in thought and practice. BCL Rev, 54.26)
 

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History

  • Receive Date: 05 December 2021
  • Revise Date: 15 September 2022
  • Accept Date: 07 November 2022

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