Concept and Position of Independence of Powers in the Constitutional Law of Islamic Republic of Iran

A study of the analytical sources of the Constitution of the Islamic republic of Iran such as the proceedings of final investigation parliament, the Council for Revision of the Constitution and the interpretive as well as precedential doctrines of the Guardian Council indicate that the theory of independence of powers in Article 57 of the Constitution is merely presented in order to give 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 separation of powers towards their controlling and preventing corruption. However, this article -as a structural principle- has had a significant position in the constitutional law of the Islamic Republic of Iran. Leaders of the IRI and the Guardian Council have also emphasized safeguarding the independence of the three powers. Analyzing the sources of 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 on the Guardian Council for over 30 years as the official and primary institution of interpretation of 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 other powers and even specifies or limits the absolute or general authority of other powers.