The Jurisprudential-Legal Indices of the Government Independence; with the Emphasis on the Constitutional Law of the Islamic Republic of Iran

Independence as a goal (Article 2) is posed within the framework of the Constitution of the Islamic Republic of Iran. Preservation and the full realization of such goal by means of legal requirements over the government and the nation (including articles 3, 9, 43 and 153) is emphasized as the public right of the whole people of the world (Article 154). Nevertheless, the practical and special complexities raised from the agreements, conventions and instruments among the subordinates of the international law have resulted in various general explanations of the concept of the government independence so that a convention with one text is deemed in contradiction with independence by some, and in line with it by others. Hence, whether the international interactions of the government are contrary to or in line with the independence, it requires to have the indices of independence much more detailed which is the main question of this research. The authors have founded some indices through the analysis of the legal-jurisprudential foundations of the independence based on four general principles in this regard: negation of domination, non-dependence of the sovereignty, preserving the system and negation of the foreigner’s domination over Muslims. Beside the index-based cognizance of independence, evaluation of the legal validity and providing some examples of such indices in the decisions of the Guardian Council as the Constitutional review entity are among the new aspects of this paper.