Structural Challenges to the Principle of Separation of Powers in the Power Dynamics of Contemporary Iran

Mehdi  Bagheri; Abdolreza  Barzegar; Hassan  Zarei Mahmoudabadi

Authors

Mehdi Bagheri Department of Law, Mey.C., Islamic Azad University, Meybod, Iran Author https://orcid.org/0000-0003-0657-0453
Abdolreza Barzegar Department of Law, Mey.C., Islamic Azad University, Meybod, Iran https://orcid.org/0009-0009-7802-4954
Hassan Zarei Mahmoudabadi Department of Iranology, Faculty of Humanities, Meybod University, Meybod, Iran Author https://orcid.org/0009-0002-6337-140X

Keywords:

Separation of Powers, Islamic Republic of Iran, Structural Challenges, Guardian Council, Guardianship of the Islamic Jurist.

Abstract

The principle of separation of powers, adopted within Iran’s political order with the aim of establishing institutional balance and preventing the concentration of power, has encountered numerous structural challenges despite its recognition in Iran’s constitutions following the Constitutional Revolution and, particularly, after the Islamic Revolution. Due to the existence of institutions such as Velayat-e Faqih (Guardianship of the Islamic Jurist) and the Guardian Council, the political structure of the Islamic Republic of Iran has introduced substantial modifications to the classical model of separation of powers. Consequently, the independence of each of the three branches of government—the legislative, executive, and judiciary—has been established only in relative terms, while overlaps and intersections of functions exist across various domains. Although this distinctive institutional structure has contributed to a certain degree of coordination and to the preservation of political cohesion within the system, it has, in some instances, resulted in constraints on the authority of elected institutions, reduced transparency, and greater difficulties in ensuring accountability. An analysis of the structural challenges confronting the principle of separation of powers in contemporary Iran may contribute to the identification of effective approaches for enhancing the efficiency and legitimacy of the country’s political system.

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