Hashemi’s Breakthrough in Explaining the Theory of State in the Constitution of the Islamic Republic of Iran

Document Type : Research Paper

Authors

1 Assistant Professor. Department of Law. Faculty of Administrative Sciences and Economics. University of Isfahan

2 Ph. D. ; Faculty of Law, Shahid Beheshit University

10.22099/jls.2024.49251.5097

Abstract

The study of the constitutional law of the Islamic Republic of Iran is met with certain doubts\ and denials, primarily stemming from the fifty-sixth article of the Constitution. Critics argue that the Iranian Constitution lacks popular sovereignty, and the concept of divine sovereignty, as outlined in the fifty-sixth article, is reflected in the legal framework of the fifty-seventh article. They contend that all powers have been absorbed into the absolute power of the jurist. This viewpoint is shared by a group of opponents and supporters of the Islamic Republic of Iran. Such skepticism appears to hinder the study of the Islamic Republic of Iran’s system within the context of constitutionalism. Seyyed Mohammad Hashemi, however, interprets the fifty-sixth article as an indication of a system founded on popular sovereignty. Despite not addressing this idea in his book - “Islamic Republic of Iran’s Constitutional Law” - he has paved the way for the study of the Islamic Republic’s Constitution. He did this by distinguishing the absolute authority of the jurist as an Islamic state theory from the leadership of the jurist as one of the government’s powers. In this article, we aim to highlight Hashemi’s advanced solution compared to other commentators of the Islamic Republic’s constitutional law through a doctrinal study. We also strive to develop an interpretation of the fifty-sixth article of the Constitution that aligns with this solution and critique the assertion that Imam Khomeini disregarded the written constitution.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 20 April 2024

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