The Separation of Powers in Iran’s Constitutional Constitution: A Borrowing from Western Models or a Localization of Public Law?

Hosseini, Davoud; Zandian, Neda

doi:10.22034/jrpl.2026.737041

The Separation of Powers in Iran’s Constitutional Constitution: A Borrowing from Western Models or a Localization of Public Law?

Articles in Press

Authors

Davoud Hosseini ¹

Neda Zandian ²

¹ Law Faculty, University of Qom.Qom.Iran

² Master's degree in Criminal Law and Criminology - Islamic Azad University, Karaj Branch, Karaj, Iran

10.22034/jrpl.2026.737041

Abstract

The doctrine of the separation of powers is one of the fundamental pillars of modern public law that acquired an institutional form in Western constitutions during the eighteenth and nineteenth centuries, particularly under the influence of Montesquieu’s ideas. With the advent of the Constitutional Revolution in Iran, this principle was introduced into the country's legal system for the first time and was reflected in the Constitutional Law as a symbol of limiting the absolute power of the monarchy. Using a historical–analytical and descriptive–legal method and drawing upon library sources, historical documents, and the theoretical works of constitutional thinkers, this study seeks to answer whether the separation of powers in the Iranian Constitutional Law was merely a borrowing from Western models or whether it had been adapted to Iran’s political, cultural, and religious-legal structure. The study demonstrates that, from a structural perspective, many features of the separation of powers were borrowed from European constitutions; however, considerable adaptation occurred at the institutional and functional levels. These adaptations included the preservation of the position of the monarchy, limitations on the independence of the judiciary, the existence of dual religious and secular courts, and the role of religious rules in the enactment and interpretation of laws. The findings indicate that the separation of powers in Constitutional Iran was not merely a formal borrowing from the Western model; rather, it represented an achievement resulting from the interaction between modern public law principles and indigenous requirements, including the monarchical structure and the religious rules prevailing during the Constitutional era. In addition to providing a critical analysis of the Constitutional Law, this study emphasizes the importance of understanding the process of localizing public law concepts in Iran and may contribute to a better understanding of the challenges and achievements of public-law institution-building during the Constitutional period.

Keywords

Separation of Powers

Constitutional Law

Constitutional Thinkers

Localization of Public Law

Religious Rules