The Islamic Republic of Iran operates under a unique form of government – vilayet-e faqih (the guardianship of the jurist). It could be described as a theocratic constitutional democracy.
The 1979 Constitution (amended in 1989) provides for the separation of powers, within the context of the overall guardianship of the Supreme Leader; and the supervision of the Executive (headed by the President) and of the Parliament – by the Guardian Council and the Expediency Council.
The Iranian legal system is a blend of codified shari’a and civil law – adapted from the French model of a civil law system.
The doctrine of precedent (stare decisis) is not followed in the Middle Eastern legal tradition or in the civil law type codified systems such as the Iranian legal system. However, whilst not binding, decisions of superior courts can be cited in inferior courts and can be of persuasive value.
The cornerstones of the Iranian Legal System are the Civil Code (1928-1935) (as amended including in 1991 and 2002) (and which also deals with some aspects of family law); the Commercial Code (1932); the Civil Procedure Code (2000); the Islamic Penal Code (2013); and the Criminal Procedure Code (2015).
