The Challenge of Implementing the Constitution: Examining the Appropriateness of Article 113 for the President or the Leader

Document Type : Research Paper

Author

Assistant Professor, Baqir al-Olum University, Qom, Iran

Abstract

The Constitution of the Islamic Republic of Iran, as the fundamental framework of governance, is designed based on religious and political principles, establishing religious democracy as the foundation of its system of rule. An important and contentious issue within the legal structure of the Islamic Republic concerns the responsibility for implementing the Constitution, which, according to Article 113, is assigned to the president. However, the existence of certain legal and structural limitations, alongside the Leader's role in overseeing the general direction of the system, raises the fundamental question: From the perspective of efficiency and structural coherence, does the responsibility for implementing the Constitution align more with the office of the president or with the position of the Leader? The research hypothesis proposes that, following the constitutional amendments of 1989, the Leader—by virtue of broad powers in setting general policies, overseeing the three branches of government, and possessing absolute jurisprudential guardianship (wilāyat-i muṭlaqa-yi faqīh)—has greater capacity for the effective implementation of the Constitution. In contrast, the president’s powers are largely confined to the executive domain, and in many cases, he lacks the authority to conduct broad oversight or to implement the Constitution across sectors. Using a descriptive-analytical method, this study evaluates the roles of the presidency and the leadership in the enforcement of the Constitution, examining the legal and political structures of the Islamic Republic of Iran. The findings reveal that, within the current constitutional framework, the most efficient model for supervising and implementing the Constitution requires the delegation of this responsibility to an independent body under the authority of the Leadership. Accordingly, the study proposes the establishment of a Strategic Planning and Oversight Organization under the office of the Leadership—a body that had previously been suggested. This organization, in addition to its overarching responsibilities for governance planning and direction, could designate one of its fundamental missions to supervising the proper implementation of the Constitution and ensuring the realization of its principles. Within this framework, by coordinating among the three branches of government, setting executive macro-policies, and exercising strategic oversight, such an organization could enhance efficiency, reduce executive challenges, and help ensure the rule of law in the Islamic Republic of Iran.

Keywords

References

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Political Science
Volume 27, Issue 4 - Serial Number 108
October 2024
Pages 117-146

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