The Relationship between Government Decrees and Law in the Islamic Republic of Iran

Government decrees and religious and substantive laws in Shia political jurisprudence and the fundamental laws of the Islamic Republic have a mutual influence and impact on each other. Therefore, it is essential to examine the relationship between these matters. This research aims to answer the question of what the relationship between government decree and law is using a descriptive and text analysis method, along with a library research approach. The formation of an Islamic government and its preservation is based on the fundamental principles of Islam. The theory of guardianship of the jurist (velayat-e faqih) is one of the most advanced theories of political jurisprudence from the time of occultation until now. The legislative system in the Islamic Republic of Iran is based on religion and Islamic standards, and religious laws and regulations are supported by the Islamic system, ensuring their implementation. The relationship between government decrees and primary and secondary laws is that government decree is alongside primary and secondary laws as a third category of decrees issued by the ruler and the Islamic ruler. Government decrees symbolize the principle of legal sovereignty. However, there is a category of government decrees that goes beyond substantive law. It should be noted that some government decrees are issued to enforce primary laws, and some are issued to enforce secondary laws. There is also a category for cases where primary and secondary laws are silent. In these three cases, government decrees are issued in the form of substantive laws through legal channels such as the legislative authority and the approval of the Guardian Council. The fourth category is when we want to override a primary or secondary decree. Here, government decrees are issued through the Expediency Discernment Council. The fifth category is when the ruler issues a government decree without using these conventional tools, which is valid based on the constitution and takes precedence over other laws. In cases of conflict, the final opinion of the ruling jurist is the criterion and decisive factor, and in the implementation stage, it is the precedence and guiding factor over religious law and substantive law.