A study on the boundaries of powers independence in the legal system of the Islamic Republic of Iran

Abstract

 

The purpose of this paper is to explore the boundaries of powers independence in the legal system of the Islamic Republic of Iran. Theory of powers separation is one of the basic issues of political thought and political philosophy, although it is discussed in the legal opinions and public law. It has been studied in terms of the relationship between the society and the power and the government institutions and it is related to the political sociology. There are several reasons for the proposal of powers separation theory. The history of the proposal of this discussion in ideas and political philosophy can be seen in the works of Aristotle. But this theory was developed by the writings of John Locke and with the extension of this theory by Montesquieu it became a prominent theory in politics and made Montesquieu known as the father of powers separation. Theory of powers separation is a modern phenomenon and concept and has its requirements. In the Constitution of the Islamic Republic of Iran the name of so-called separation is not mentioned, although its principles are based on the separation of powers. Article 57 of the Constitution of the Islamic Republic of Iran says the (legislative, executive and judicial) powers are independent of each other. If only there was this statement, the absolute separation could be concluded. The paragraph 7 of Article 110 of the Constitution says, "Resolving the conflict and regulating the trilogy powers relations" is undertaken by the Leadership; that is to say it pointed to the other power. What can be understood from the previous discussions is that in general the absolute separation of powers has no place in the Constitution. However, what can be found from the independence of powers is that in Iran there is a relative separation between the three powers (and the independence of powers means the relative separation). According to Article 57 of the Constitution, this principle has accepted the legislative, executive, and judiciary separation system, relatively and in a particular method. On the basis of this fact, each power is in charge of an affair among the country administration affairs.