Comparing the Theory of Separation of Powers in the Thought of Benjamin Constant and Wilayat-al-Faqih from the Perspective of the Islamic Republic of Iran’s Constitution

Abstract

Examining the theory of Benjamin Constant regarding the separation of powers and the position of Wilayat-al-Faqih in Article 57 of the Iranian Constitution, these two theories can be considered compatible in terms of relations between the ruling powers. In Constant's thought, power is divided into five branches one of which has the role of "moderating power" and has a higher position than the other powers, and in cases of necessity and problems in the relations between the powers, resolves matters involved. From this perspective, it is very similar to the role of the Supreme Leader in supervising and directing the ruling forces and his duties in the political structure of the Islamic State, especially regarding the moderating power. In this research, through a descriptive-analytic and comparative approach, the arrangement of powers in the constitution and the position of the Supreme Leader as a reference for moderating power relations and resolving inter-power and intra-power disputes with Benjamin Constant's ideas have been discussed. The results demonstrate that the position of the Supreme Leader in the Iranian Constitution, determining the general policies of the Islamic system, resolving problems and disputes between powers is exactly in line with the views of Constant and this position without direct stipulation in the text of the constitution under many Articles has been manifested for the position of the Leader as the comprehensive jurist.

Keywords

• wilayat-al-faqih
• benjamin constant
• power relations
• constitution
• moderating power