كنترل قدرت در حقوق اساسي جمهوري اسلامي ايران

• Restraining power in the Constitutional Law of the Islamic Republic of Iran

Restraining power is one of the most important issues of common law. Montesquieu, who points to the perversity resulting from power in his explanation of the theoretical principles of separation of powers, states that power has to be restrained through separation of powers, but experience has proved that restraining power through separation of powers is not successful. The Constitution of the Islamic Republic of Iran introduces an Islamic example of restraining power different from that adopted by other systems. This is ascribed to the following: 1- The system is an Islamic Republic — that replaced Shahʹs regime — in which the people are given the opportunity to play a significant role, and, due to its adherence to Islamic standards, it is safe and secure from taking the dangerous wrong path of the governors who pursue selfish desires and lack legislative and executive knowledge. 2- Independence of governing powers, specifying the functions and authorities of each of them, maintaining balance of powers and the controls exercised by the leader who enjoys all the requirements; all contribute to preventing the possibility of misusing authority, and 3- Giving special attention to the special moral and spiritual faculties of the governing body is an effective lever of spiritual restraint of power. Key words: restraining power, control, separation of powers, the control excercised by the leader, independence of powers.