Legal Shortcomings in the Protection of Civil Institutions in the Islamic Republic of Iran from the Perspective of Political Jurisprudence

Abstract

Considering that civil institutions require legal support for greater effectiveness, the present study aims to highlight certain issues from the perspective of political jurisprudence and explore the capacities available for addressing legal shortcomings. The central question of this research is: What are the legal shortcomings of civil institutions in the Islamic Republic of Iran, and what mechanisms exist to improve their status? This study employs a descriptive-analytical method using library-based tools, with a particular emphasis on jurisprudential sources. Civil institutions serve as crucial intermediaries between the state and citizens. However, in the Islamic Republic of Iran, due to a centralized legal and legislative structure, these institutions are dependent on the state and possess limited independence. The findings indicate that several problems persist, such as the disregard for the principle of association and cooperation as a foundation for solidarity between the state and the people, the lack of accountability in implementing existing laws, the failure to uphold commitments and covenants, and the weakness in the independence and freedom of civil institutions. To resolve these issues and improve legal procedures in favor of civil institutions, it is necessary to apply the jurisprudential rule of Tasbib (causation) to address irresponsibility in the legislative, judicial, and executive branches. Furthermore, in light of the principle of cooperation (Ta'awun), institutional collaboration by the public is essential. In the domain of freedom and independence of civil institutions, the support of political jurisprudence for citizens' liberties plays a significant role in protecting these institutions and addressing related problems. Implementing existing laws without political or partisan considerations is part of the accountability process and supports citizens’ political freedoms within institutional frameworks.