The Constitution, a Channel for the Actions of Velâyat and the Framework of Powers

The most important question about the constitution of the Islamic Republic of Iran, which plays a decisive role in the structure of the system, is the type of relationship and its relation with the leadership of the Islamic government. Based on some jurisprudential (Islamic Fiqh) evidences in proving the Velayat (the guardianship/ governance of the Islamic jurist) for a fully qualified jurist (faqīh), and consequently based on Article 4, which emphasizes the Islamic nature of all laws and regulations and this principle is taken for granted to govern other generalities and absolutes of the constitution, and also according to Article 57, which was added to the issue of Velayat in the revision of the term "absolute", some individuals consider the leadership of the Islamic government to be absolute and this position is deliberated beyond the law and even the legitimacy of the constitution depends on it. But we do not think this is a correct assumption, because it is not compatible with the "authorized and structural" constraints of the constitution, or with the specification of legislative experts in the Assembly of Experts, nor with Imam Khomeini's theory in explaining the fact and evidence of the Velayat for the Islamic jurist (faqīh). Constitutional experts have distributed power and authority in designing the structure of the Islamic government among several institutions and the scope of authority of the leadership of the government has also been considered within the framework and under the supervision of the law. This view of experts is in line with several arguments; the abolition of the feature of certitude as to subject and Judge's knowledge, the need for a balance between ability and responsibility as a rational principle and Imam Khomeini's elaboration between the principle of the fact of the Velayat and to undertake responsibility and formation of the government. In addition to examining the reasons in question, this article provides a report from the ruling view of the Assembly of Experts, which was crystallized in the words of Ayatollah Beheshti.