The principle of separation of powers between theory and practice A comparative study between the regime of the Islamic Republic of Iraq and Iran

The principle of separation of powers is one of the basic principles on which most contemporary systems of government depend, and its content is reflected in the distribution of state functions to three authorities (legislative, executive, and judicial), each of which assumes a specific function in accordance with the constitution. As this principle prevents the monopolization of power and tyranny by any party, the maintenance of freedoms, the promotion of democracy and the building of a system based on justice and equality and guarantees the good and perfect performance of tasks, which leads to the creation of a productive, sober, effective and stable state, and the importance of this study lies in comparing the separation of powers between the regime Parliamentary (liberal) and a special and unique Islamic system. The problem of the principle of separation of powers in the two systems under study, although it is easy to find in theory, the matter becomes more difficult if it is related to practical application, and the matter is exacerbated when the principle is disrupted in the theoretical and practical sides. Therefore, we preferred to shed light, according to the comparative analytical descriptive approach, on the foundations, formation, structure and characteristics of the regime in each of the Islamic Republics of Iraq and Iran, and to show the extent to which the principle of separation of powers and the tasks that it approved for each authority in the two systems have been adopted. The research concluded that the text on the principle of separation of powers explicitly does not mean obtaining the desired results, as well as a clear and evident difference in the organization of the principle of separation of powers in the Iraqi and Iranian systems and the mechanism of its application, as the principle in Iraqi law is relative because of the gradation of powers despite the text It is constitutional, but in Iranian law it is almost non-existent, with the presence of an authority (the position of leader) that has an impact on all organs and joints of the state, despite the constitution’s emphasis on the independence of the authorities.