Analysis of the role of executive bodies beyond the parliament-approved powers in the Islamic Republic of Iran and the principle of independence of powers

Article 57 of the Constitution of the Islamic Republic of Iran recognized the independence of branches of government under the leader. The three branches must interact within the legislative, executive, and judicial competences maintaining their independence. In this regard, we are witness to the establishment of institutions such as the Council of the regulatory bodies whose membership included representatives of the three branches of the legislative and executive powers, violating their independence and accountability. The main question raised in this study, which applies a descriptive and analytical method, is whether the legal system of administrative institutions with independence of powers overlap or not? The Guardian Council by adopting the balance of Substantive jurisdiction index to invoke the principle of the independence of these institutions, the balance of power, considers these powers to be contrary to the basic principles, including Articles 57, 58 and 60 of the Constitution. But according to the principle of independence and Division of the tasks of system of power in Iran and the necessity of establishing constructive interaction of the powers with each other, the relationship between the balances seems to be necessary; therefore, utilizing political interaction in order to establish coordination between the branches of Government would be a suitable solution.