Il diritto islamico nel sistema delle fonti normative dell'ordinamento iraniano

Abstract

The essay aims to analyze the Iranian legal order by dweeling upon the connection between the religious legal sources and the secular ones. The acknowledgement of an apical right, whose origin is divine, coexists indeed with the law-making process provisions. In particular, the Author stresses the distinctive features and inherent contradictions of this legal order, which is defined as a "constitutional theocracy". Furthermore, the Author also addresses the duties of the Council of Guardians, which plays a central role in the definition of the hierarchy of legal sources, working both as interpreter of the Constitution and as controller of the compliance of ordinary and constitutional laws with the Islamic precepts.