Separation of Powers in Contemporary Iran: From Imported Idea to Indigenous Architecture of Power

Abstract

The concept of separation of powers is one of the most fundamental theories in public law in the world, which plays a key role in limiting and controlling political power. The entry of this concept into contemporary Iran began mainly with the developments of the constitutional period and the influence of Western ideas, especially the theories of Montesquieu.

Throughout Iran's contemporary history, the separation of powers has always been accompanied by localisation and adaptation to the country's social, cultural and religious structures. In the Islamic Republic of Iran, this theory is not only considered in the constitution, but is also linked to concepts such as the guardianship of the jurist and the supervision of the Guardian Council.

And it has been implemented in a specific way. This research aims to examine how the concept of separation of powers entered contemporary Iran and analyze its role in the country's political order.

It also attempts to critique and examine the impact of this concept on the structure and interactions of the three branches of government (legislative, executive, and judicial), emphasizing its compatibility with concepts such as the Guardianship of the Judiciary and the supervision of the Guardian Council in the Islamic Republic. The overall goal of the research is to analyze the localization of this concept and evaluate its strengths and challenges in the Iranian political order.

To examine the role of the separation of powers in the Islamic Republic system, a comparative and analytical study was used and an attempt was made to examine the relations between the three branches of government and the impact of institutional oversight such as the Guardian Council and the Supreme Leader on the structure of the separation of powers. The findings showed that the role of the separation of powers in the sphere of contemporary Iranian political order can be observed in the functioning of the branches (legislative, executive, and judicial) and their interactions.

These interactions are often accompanied by the supervision of institutions such as the Guardian Council and the Leadership, which sometimes leads to interference or actual limitation of the powers of each branch, and indicates a specific localized form of separation of powers in the structure of the Islamic Republic. In general, the process of entry and role-creation of this concept plays a fundamental role in regulating the relations between power institutions and maintaining balance in the system of the Islamic Republic of Iran.