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A study of the analytical sources of the Constitution of the Islamic republic of Iran such as the proceedings of final investigation parliament , the Council for Revision of the Constitution and the interpretive as well as precedential doctrines of the Guardian Council indicate that the theory of independence of powers in Article 57 of the Constitution is merely presented in order to give a professional distribution of governmental duties among different institutions. Thus it does not have anything to do with the foundations and goals of the theory of separation of powers concerning the necessity of separation of powers towards their controlling and preventing corruption. However, this article -as a structural principle- has had a significant position in the constitutional law of the Islamic Republic of Iran. Leaders of the IRI and the Guardian Council have also emphasized safeguarding the independence of the three powers. Analyzing the sources of IRI Constitution, considering the special focus of the jurisprudent guardian as the delegating institution, regulating and supervising the governmental powers, and observing the customary conduct on the Guardian Council for over 30 years as the official and primary institution of interpretation of the constitution, we can say that the principle of independence of powers is the most important principle in analyzing and explaining the relations between the three powers and should be given due consideration. Thus the extent of authority of each of the three powers is considered a limiting factor for other powers and even specifies or limits the absolute or general authority of other powers.

If the main objective of the rules of civil liability is compensation of material and spiritual damages, the state and the civil servants would not be an exception to the rule. It is possible that granting immunity to the state gives rise to imposition of certain material or spiritual losses to natural as well as legal persons. Is compensation of the losses imposed in these cases or drawing their consent as far as possible obligatory on the state? In case this compensation is necessary, is it the obligation of the political system and the public treasury, or it is the obligation of the state or the civil servant? The present article first defines the concepts related to the topic, and then discusses the foundations of civil liability and those of the liability or immunity of the state and the civil servants according to the Iranian law and the Shiite jurisprudence.