Abstract

The Constitution of the Islamic Republic of Iran, in Article 113, has assigned the responsibility of implementing the Constitution to the President. However, the scope and real nature of this issue in the Iranian legal system is not precisely defined. Therefore, the main goal of the present study, which was developed using a descriptive-analytical method and relying on the principles of the Constitution, the interpretative opinions of the Guardian Council, and the practical procedure and executive behavior of officials in different periods, is to identify the gap and distance that exists between the theoretical capacity of Article 113 and its practical application in the political and executive arena. A gap that has left negative effects on the political system of the Islamic Republic in practice. The result of the study is that, especially after the revision of the Constitution in 1989, the scope of implementation of the Constitution by the President was limited, and the executive branch became the executive branch, and the President lacked the necessary tools to implement the Constitution, and the Guardian Council's interpretations of the aforementioned principle also confirm this issue. Therefore, either the aforementioned responsibility should be assigned to the leadership as the head of state or the Guardian Council, with its new interpretations, should remove the existing restrictions on the implementation of the constitution by the president and elevate it from a purely moral and political aspect to a supervisory and practical dimension; although this depends on the political will and consensus of the ruling elite.