Examination of the Special Representative of the Supreme Leader in Emergency Situations;A look at Carl Schmidt's thought and the system of constitutional of the Islamic Republic of Iran
Authors
1
M.Sc. in Public Law, Shahid Beheshti University, Tehran
2
Assistant Professor of Public Law, Tabriz University
Abstract
Separation of power seeks to centralize the power and calls for a balance between political power through monitoring and accountability. One of the most prominent philosophers of political philosophy, Carl Schmitt, founded his political philosophy on the basis of the ruling authority in the state of emergency and the necessity of maintaining the expediency of the political system. Schmitt's absolute authority is rooted in his divine political thought. This idea is in conflict with the notion of the rule of law and the separation of powers, and it is easy to condone such rights and freedoms under the rule of good governance. The constitution of the Islamic Republic of Iran, by prescribing the authority of the Velayat-e faqih as the ruler of the community under the teachings of Shi'i jurisprudence, regards him as the supreme legal and political authority of the system of fundamental rights of Iran, and has provided him with a foreground of the three Legislative, executive and judicial bodies. The authority and jurisdiction that the Wali Faqih has set for the public interest and the system has established works in the political sphere of Iran, some of whose figures are evident in the constitution.
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