Constitutional Structures of Islamic Republic of Iran and Republic of Iraq: a Comparative Study

Although Iran and Iraq have so many aspects in common –such as: both governments are "republic", and they both have some Islamic implications in their political-legal systems- there is many differences between their legal structure and dominant systems; which can have roots in differences of different conditions under which the constitutions were written, as well as other elements such as: different histories of states, previous political status, and other structural differences. These factors caused Iranian constitution –against its writer's will- to be unsuccessful in leading neighbor countries. We can see the differences in three legal aspects: differences in dominant foundations and spirit of constitution law, different legal-political macro-structures – which lead Iranian dominant system to be simple, versus Iraqi dominant system that is federal-; and finally different status and rule of three powers and officials; that can be derived from their job description, tasks and the procedure of application