The goal and ideal of the principle of "the rule of law" is, to restrict the governmental officials' powers to pre-determined legal rules and to create a legal framework and a foreseeable order for society members, in order to minimize the probability of governors' arbitrariness and their power-abuse in taking decision and performing governmental measures, until as a result, the utmost guaranty for people's rights and freedoms and citizens' security becomes available. The theory of "Vilayate mutlagheye faghih" as full-power Islamic state theory in Gheibat period, has provided a pervasive authority and extensive powers for Islamic Ruler (Hakim or Vali Faghih or Imam), in order to implement divine law and to manage the society and to prepare the expediencies of Islamic political system and of the Muslim Community (The Ummah). This research firstly has explored the concept and elements of the theory of "Vilayate mutlagheye faghih" and also has declared the purporst, necessity and components of the rule of law theory, and then by demonstrating the reflection of both theories in constitutional law system of of Iran, has discussed this problem that: what logical relation can be made between Vilayate mutlaghe system and rule of law principle, and has answered to this basic question that, is Vilayate Mutlagheye Faghih theory compatible with the principle of the rule of law?
nikoo nahad,H. (2011). The Autonomous Province of Jurisprudence and the Rule of Law in the Iranian Constitutional System. Basic Rights, 7(14), 199-236.
MLA
nikoo nahad,H. . "The Autonomous Province of Jurisprudence and the Rule of Law in the Iranian Constitutional System", Basic Rights, 7, 14, 2011, 199-236.
HARVARD
nikoo nahad H. (2011). 'The Autonomous Province of Jurisprudence and the Rule of Law in the Iranian Constitutional System', Basic Rights, 7(14), pp. 199-236.
CHICAGO
H. nikoo nahad, "The Autonomous Province of Jurisprudence and the Rule of Law in the Iranian Constitutional System," Basic Rights, 7 14 (2011): 199-236,
VANCOUVER
nikoo nahad H. The Autonomous Province of Jurisprudence and the Rule of Law in the Iranian Constitutional System. Basic Rights, 2011; 7(14): 199-236.