Reviewing the position of the President in the constitutional law of Iran

Document Type : Research Article

Authors

Assistant Prof., Law Department, Faculty of Human Sciences, Bu-Ali Sina University, Hamedan, Iran

Abstract

The experience of the four decades of the Islamic Republic's in Iran since
1979 has been a process in which the status of the president has been the
subject of legal and political dialogue between Iranian thinkers. In the
opinion of some, the president is in the first place in government, in the
opinion of some, the president is assumed in the second position of the
government. It seems that the review of the constitution, the ordinary laws,
and the Guardian Council's decisions could be the resolve such
disagreements. This article, having understood this importance, sought to
analyze the views and documents. This research answers this question. What
is the position of the President in the context of the Islamic Republic of
Iran's constitution? Answering this question can be helpful in resolving some
of the above disagreements. In response to this question using the
descriptive-analytic research method, it is concluded that: Firstly, in none of
the ordinary laws, constitutions and decision of the Guardian Council, the
president has been addressed as "the first person of the country". Secondly,
the status of the president was disputed among the lawyers. Third, some of
the articles of ordinary laws have used phrases that raise the doubt that the
president is the head of state

Keywords

The Journal of Islamic Law Research
Volume 20, Issue 2 - Serial Number 50
February 2020
Pages 499-526

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History

  • Receive Date: 23 October 2019
  • Revise Date: 18 February 2020
  • Accept Date: 05 March 2020

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