Journal of Islamic Law Research

Journal of Islamic Law Research

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

Type : Research Article

Authors
Abstract
The experience of the four decades of the Islamic Republic of Iran since 1979 has been a process during which the status of the president has been a subject of legal and political debate among Iranian thinkers. According to some, the president holds the first position in the government, while others believe the president occupies the second position. It seems that a review of the constitution, ordinary laws, and the Guardian Council’s decisions could help resolve such disagreements. Recognizing this importance, this article seeks to analyze various views and documents to answer the question: What is the position of the president in the context of the Constitution of the Islamic Republic of Iran? Answering this question may help clarify and resolve some of the aforementioned disagreements. Using a descriptive-analytical research method, the study concludes that: first, in none of the ordinary laws, the constitution, or the decisions of the Guardian Council has the president been described as “the first person of the country”; second, the status of the president remains a matter of dispute among legal scholars; and third, some articles of ordinary laws use phrases that create doubt as to whether the president is the head of state.
Keywords

Volume 20, Issue 2 - Serial Number 50
September 2020
Pages 499-526

  • Received 23 October 2019
  • Revise 18 February 2020
  • Accepted 05 March 2020