اندیشه‌های حقوق عمومی

The authority of rulers is one of the key issues of constitutional law systems, which is reflected in the constitution of every country and depends on the foundations of the formation of that legal system. Iran's system of constitutional rights, which is based on the idea of "valie faqih" (the guardianship of the Islamic jurist), discusses the scope of the authority of rulers, in its constitution, and especially the authority of valie faqih, and this has caused the diversity of opinions among scholars. Ayatollah Misbah Yazdi is one of the scholars who discussed the scope of the authority of valie faqih, and thus, the main question of this article is, what are the authorities of valie faqih based on the principles of the constitution in his opinion? This research has tried to answer this question using a descriptive-analytical method. According to the results of this research, the scope of valie faqih’s authority is absolute in jurisprudential matters, as Ayatollah Misbah Yazdi believes, and is within the framework of Sharia laws and commands; but from a legal point of view, it is not limited to the principles of the Constitution, considering Article 57, and goes beyond Article 110.