Analyzing the legal status of high officials in the constitution of the Islamic Republic of Iran and the United States of America
Subject Areas : Recent Developments in public law
hedieh sadat
mirtorabi
1
(Faculty of Islamic Azad University, Tehran East Branch)
ehsan
aghamohamadaghaee
2
(Faculty of Islamic Azad University, North Tehran branch)
Keywords: the presidency, the constitution of the United States of America, Leadership, The Constitution of the Islamic Republic of Iran, separation of powers, High political authorities,
Abstract :
Referring to the legal structure of official and legal authorities in political systems is a question that can be answered by reflecting on the philosophical-political thought of the separation of powers and also by analyzing the text of the constitution of political systems. In the American presidential system, the president is considered as the embodiment of unity and has a clear superiority over other heads of state. Also, extraordinary power has been given to the president in the following matters: implementing laws and monitoring their good implementation, directing the country's foreign policy and commanding the armed forces. This is despite the fact that in Iran's legal system, according to the requirements of the Constitution of the Islamic Republic of Iran, the position of leadership is the highest official and political position of the Constitution. In the meantime, the texture and structure of the constitution has been composed in such a way that it is not only limited to the cases mentioned in principles 110 and 112, but also any matter of public affairs, provided that it is within the framework of Islamic standards and is subject to public interest. be included in the aforementioned authority. Considering the political structure of the two legal systems of Iran and the United States, this article evaluates these two authorities through the lens of the Constitution.
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