COMPARATIVE STUDY OF THE CONSTITUTIONAL RIGHTS OF THE UNITED STATES OF AMERICA AND THE ISLAMIC REPUBLIC OF IRAN
The political and legal system of the United States of America is one of the most important systems in the world, which has always attracted the opinion of many thinkers and experts from different countries. Democracy, federalism, and absolute separation of powers are three important features of this political system. This political system is classified as a presidential system in the world's common classifications, although some legal scholars prefer the term "inflexible system" due to the increase in the amount of practical cooperation and legal and customary tools at the disposal of each of the powers. Use "powers" instead of "absolute separation of powers". On the other hand, the political system of the Islamic Republic of Iran has presented a new model of the political system with the design of the Islamic government based on divine sovereignty, with the seasoning of the mechanisms of the common systems of the world and paying attention to the representation and election systems, which in appearance is part of the mixed systems (semi-parliamentary- semi-presidential) but it seems that it cannot be enclosed and limited in one of the formats mentioned. The distribution of power and the model of government in the Islamic Republic is based on religious thought and the system of religious authority, and at the head of Iran's system of separation of powers is a leader with special powers, during which all the elements of the government operate under the guidance and supervision of legislation, judicial and executive. do This research examines the fundamental rights of the above-mentioned two political systems around the three basic axes of fundamental rights issues, i.e. the government, political institutions and the rights of the nation. Our assumption in this research is that the two mentioned systems, while having similarities, have differences in form and content, as democracy, federalism and absolute separation of powers in the American political system are considered among the fundamental rights of this country. In the political system of Iran, Islam is the main and important basis of the fundamental rights of the Islamic Republic. In addition, in terms of similarity, in both political systems and as an example, elections are the most important mechanism for exercising the right of sovereignty.
Democracy, Islamism, Absolute Separation of Powers, Jurisprudence, Federalism