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Due to the primacy of the rule of Sharia only scarce traces related to the concept of rule of law are visible in the Iranian legal system, like for instance a formal separation of state power. However, even these remnants are overshadowed by the rule of Sharia and the repercussions of the principle of velāyat-e faqhih.
II. The Principle of the Rule of Law in the Iranian Context
The principle of the rule of law (hākemiyat-e qānun) is neither mentioned in the Iranian constitution nor in standard text books on Iranian constitutional law (cf. Hāshemi: 2002 - 2003). However, the concept enjoys some prominence in scientific discourse in particular concerning criminal law.
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