Constitutional contrasts: fundamentals, rights, and legitimacy in the iranian and french systems

Abstract

This article offers a comparative analysis of the constitutional systems of Iran and France, focusing on their ideological foundations, individual rights, and legitimacy mechanisms. Iran's 1979 Constitution, born from the Islamic Revolution, embodies a unique hybrid system combining theocratic authority with republican structures. Central to its framework is the principle of Velayat-e-faqih (guardianship of the Islamic jurist), granting significant powers to the Supreme Leader while incorporating elected parliamentary elements. Conversely, France’s 1958 Constitution reflects a tradition of laïcité and democratic universalism, emphasizing individual freedoms and institutional independence. This study explores how these foundational principles translate into governance models and legal frameworks, revealing key contrasts. While the Iranian system prioritizes ideological cohesion often at the expense of democratic inclusivity, the French model fosters legislative adaptability through its secular and republican approach. By juxtaposing these systems, the analysis underscores the cultural, historical, and philosophical divergences shaping their constitutional practices and societal impacts.