چکیده:
The issue of separation of powers, although it holds prestige in legal perspectives today, is, from a theoretical and historical standpoint, among the rich concepts of political thought and philosophy. This very subject has led to the formulation of various interpretations of it. On the other hand, this concept and theory have imposed themselves on the constitutions of many countries. In the present writing, while reflecting on the various perceptions that have been made of this concept, reference is made to the origins and historical contexts of the development of this theory in the West. Subsequently, this concept is examined within some of the thoughts of Iranian thinkers of the Constitutional Movement and the Islamic Revolution.
خلاصه ماشینی:
Allameh Naeini, who had risen to advocate theoretical support for the Constitutionalism by writing his important and influential work, Tanbih al-Ummah wa Tanzih al-Millah, refers to the explanation and necessity of the separation of powers, albeit differently from the relatively common understanding of this concept, and writes: One of the necessary political duties is the division of the powers of the state, so that each of the various branches is disciplined under correct scientific regulations and laws, and its implementation is entrusted to the competence and wisdom of the executors in that branch with complete care to ensure no transgression of the prescribed duty.
In his view, using the mechanisms of constitutionalism and consequently the separation of powers belongs to those societies that are far from divine rulings and therefore are in need of tools such as the legislative power: The summary of the matter and that is the aim is that in constitutional governments on earth, since divine rulings are not sufficient and adequate for detailed, political, and civil events among themselves, they must organize a parliament composed of members and scholars and achieve the welfare of their country and nation through majority vote; in short, they need two assemblies, one legislative to determine the law and another executive to implement that same law within the country, but we, the people of Islam and faith, since we have sufficient and adequate Sharia rulings, لهذا (therefore) we have no need for a legislative power, because the Shah and the subjects all consider themselves followers of Sharia and we do not permit opposition to it, and the executive power consists of the Sultan and his aides.
(
, 
, 
)
