Constitutional Structures of Islamic Republic of Iran and Republic of Iraq: a Comparative Study | ||
| مطالعات حقوق تطبیقی | ||
| Article 4, Volume 3, Issue 2, October 2012, Pages 65-82 PDF (234.13 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.22059/jcl.2012.32112 | ||
| Authors | ||
| Sohrab Salahi* 1; Ali Bahadori Jahromi2 | ||
| 1Assistant Professor, Department of Law, University of Imam Hossein, Tehran, Iran | ||
| 2Ph.D Student of Public Law, University of Tehran, Tehran, Iran | ||
| Abstract | ||
| Although Iran and Iraq have so many aspects in common –such as: both governments are "republic", and they both have some Islamic implications in their political-legal systems- there is many differences between their legal structure and dominant systems; which can have roots in differences of different conditions under which the constitutions were written, as well as other elements such as: different histories of states, previous political status, and other structural differences. These factors caused Iranian constitution –against its writers' will- to be unsuccessful in leading neighbor countries. We can see the differences in three legal aspects: differences in dominant foundations and spirit of constitution law, different legal-political macro-structures – which lead Iranian dominant system to be simple, versus Iraqi dominant system that is federal-; and finally different status and rule of three powers and officials; that can be derived from their job description, tasks and the procedure of application | ||
| Keywords | ||
| Constitution. macro structures. republic. federal. Islamic | ||
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