نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
A study of the analytical sources of the Constitution of the Islamic Republic of Iran, such as the proceedings of the Final Investigation Parliament, the Council for Revision of the Constitution, and the interpretive as well as precedential doctrines of the Guardian Council, indicates that the theory of independence of powers in Article 57 of the Constitution is merely presented in order to provide a professional distribution of governmental duties among different institutions. Thus, it does not have anything to do with the foundations and goals of the theory of separation of powers concerning the necessity of such separation for control and prevention of corruption. However, this article—as a structural principle—has held a significant position in the constitutional law of the Islamic Republic of Iran. The leaders of the IRI and the Guardian Council have also emphasized safeguarding the independence of the three powers. Analyzing the sources of the IRI Constitution, considering the special focus of the jurisprudent guardian as the delegating institution regulating and supervising the governmental powers, and observing the customary conduct of the Guardian Council for over 30 years as the official and primary institution for interpreting the Constitution, we can say that the principle of independence of powers is the most important principle in analyzing and explaining the relations between the three powers and should be given due consideration. Thus, the extent of authority of each of the three powers is considered a limiting factor for the others and even specifies or limits the absolute or general authority of other powers.
کلیدواژهها [English]
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