Document Type : Research Paper
Authors
1
Associate Professor, Department of Political Science, Allameh Tabataba’i University, Tehran, Iran
2
PhD student in Political Science , Allameh Tabataba'i University, Tehran, Iran.
3
Associate Professor, Department of Political Science, Allameh Tabataba’i University, Tehran, Iran.
4
Associate Professor, Department of Law - Allameh Tabataba’i University, Tehran, Iran.
Abstract
This study examines the patterns of convergence and divergence between the indicators of the rule of law and the Constitution of the Islamic Republic of Iran. The theoretical framework is based on eight core rule of law indicators: limitation of governmental power, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, criminal justice, and informal justice. Employing a qualitative content analysis and using MAXQDA software, the preamble and all 177 articles of the Iranian Constitution were systematically analyzed. The findings indicate that, at the normative level, the Constitution contains significant capacities for advancing the rule of law and political development, particularly with regard to fundamental rights, civil justice, criminal justice, and public order. However, the concentration of political authority and decision-making within the institution of leadership, the institutional dependence of the judiciary, the lack of systematic transparency, and political interference in oversight mechanisms have hindered the practical realization of rule of law indicators. Based on these findings, sustainable political development in Iran requires structural reforms, the guarantee of judicial independence, enhanced transparency, structural anti-corruption measures, and a paradigm shift from national security to human security.
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