One of the most important elements and concepts in the political language of Islam is the element of Velayat-e-Faqih. The effectiveness of this element in giving identity to the discourse of political Islam in Iran is undeniable. In contemporary political thought, some jurists such as Allamah Nayini and Imam Khomeini have paid attention to the principle of Velayat-e-Faqih, and ultimately we witness two major views in two periods of time. Allamah Nayini, while accepting Velayat-e-Faqih and their supervision over the laws, seeks to establish a constitutional government in Iran, so that by limiting the monarchy we can witness the establishment of justice in society, while Imam Khomeini, by presenting the theory of Velayat-e-Faqih, seeks to establish an Islamic government and overthrow the institution of monarchy. So that justice can be established in society under the shadow of a new model of governance. In fact, Imam Khomeini's view of the Islamic government is realized in practice. The difference between the Imam and the views of contemporary jurists was that contemporary jurists considered the condition of the possibility of effect to be null and void, therefore they considered the duty to be null and void, while Imam Khomeini did not consider the condition of the possibility of effect to be null and void and with his great effort he worked to lay the groundwork for the possibility of effects. and succeeds in establishing an Islamic government in Iran. The present study is conducted with a qualitative method and by reviewing library texts and documents and with the aim of explaining and comparing the nature of the theory of guardianship of the jurist in the constitutional era and the Islamic Revolution, and the question is raised: What is the difference between the views of Allama Mohammad Hossein Nayini and Imam Khomeini (RA)? In response, we believe that: The main difference in the discursive analysis of the principle of guardianship of the jurist from the views of Allama Nayini and Imam Khomeini is in the type of establishing justice. Accordingly, Allama Nayini believes that by limiting the monarchy and establishing a constitutional government, steps can be taken towards establishing justice in society, while Imam Khomeini believes that establishing justice in society can only be achieved by the fall of the monarchy and the establishment of an Islamic government.