Background and Aims: Public will is one of the important issues in the field of political systems, which has always been the subject of discussion and opinion. to examine the position of public will in the constitutional law compared to the constitution of the Islamic Republic of Iran is purpose of this article.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that the structure of the Constitutional Constitution and the Constitution of the Islamic Republic of Iran, despite some similarities, have fundamental differences. The Islamic nature of government is the most important difference between the two discussed constitutions. In the structure of both laws, public will has been influential in the form of separation of powers, individual and social freedoms, rule of law and legislation by people's representatives. Under the influence of public will, in the constitutional law, the origin of the government is considered to be the people, but in the constitution of the Islamic Republic, according to the Islamic In fact, the origin of the government has a divine aspect and the people mainly play a role in the acceptance of the government.
Conclusion: The influence of public will in the Constitutional Law and the Constitution of the Islamic Republic of Iran was not absolute and faced some limitations.