Political Law at Iran
Political Law in Iran refers to the legal framework that governs the functioning of the political system, the exercise of political power, and the rights and duties of citizens in relation to the state. Iran's political system is unique because it combines elements of Islamic governance with republican structures, blending Shia Islam, Islamic jurisprudence (Fiqh), and democratic institutions.
Iran's political law is primarily shaped by the Constitution of the Islamic Republic of Iran, which was adopted in 1979 after the Islamic Revolution, and it reflects the unique fusion of Islamic principles and modern political governance.
1. Constitution of the Islamic Republic of Iran (1979)
The Constitution of Iran is the foundational legal document that outlines the structure of the government, the roles of its various institutions, and the rights of the citizens. It was drafted after the 1979 Iranian Revolution, which overthrew the monarchy and established the Islamic Republic under Ayatollah Khomeini.
Key features of the Iranian Constitution:
Islamic Governance: Iran is an Islamic Republic, meaning it combines the principles of Islamic law (Sharia) with democratic republican institutions.
Velayat-e Faqih (Guardianship of the Islamic Jurist): The Constitution establishes the principle of Velayat-e Faqih, which grants supreme political authority to the Supreme Leader (Rahbar), who is the highest-ranking political and religious authority in the country.
Theocratic and Republican Elements: While the country has an elected President and Parliament (the Majles), the ultimate authority rests with the Supreme Leader, who is responsible for overseeing all major decisions, including those related to the military, foreign policy, and the judiciary.
2. The Role of the Supreme Leader
The Supreme Leader is the most powerful figure in Iran's political system. His authority supersedes that of the President and Parliament in several important matters, particularly in areas related to national security, foreign policy, and Islamic law. The Supreme Leader is selected by the Assembly of Experts, a body of elected clerics, but his position is not directly elected by the public.
Powers of the Supreme Leader:
Control over the military: The Supreme Leader has command over the armed forces, including the Islamic Revolutionary Guard Corps (IRGC).
Oversight of the Judiciary: The Supreme Leader appoints the head of the Judiciary and has significant influence over its decisions.
Influence over the Government: While the President is the head of the executive branch, the Supreme Leader holds substantial power over the policies and decisions of the executive.
Control over key religious and political institutions: The Supreme Leader has direct or indirect control over key religious institutions like the Assembly of Experts, the Guardian Council, and the Expediency Discernment Council.
3. The President
The President of Iran is the second-highest political figure in the country after the Supreme Leader. The President is elected by direct popular vote for a four-year term and can serve up to two terms. While the President manages the executive branch of government and oversees administrative affairs, his powers are limited by the dominance of the Supreme Leader.
Powers of the President:
Executive authority: The President has control over day-to-day governance and administration, including setting economic and social policies.
Diplomacy and foreign policy: The President plays a role in foreign policy, although the ultimate authority rests with the Supreme Leader.
Cabinet appointments: The President appoints ministers and other key officials, though they must be approved by the Parliament.
Legislation: The President can propose laws, but the Guardian Council must approve all legislation, including laws passed by the Parliament.
4. The Majles (Parliament)
The Majles (Islamic Consultative Assembly) is Iran's unicameral legislature. It consists of 290 members who are elected every four years by popular vote. The Majles has the authority to pass laws on domestic issues, such as economics, education, and social welfare. However, all its laws are subject to approval by the Guardian Council, which ensures that they align with Islamic principles.
Powers of the Majles:
Legislation: The Majles can pass laws on most matters, except for those related to constitutional amendments or issues reserved for the Supreme Leader's authority.
Supervision of the government: The Majles has the power to question government ministers and the President, and it can even impeach the President or individual ministers with a two-thirds majority vote.
Approval of the budget: The Majles approves the national budget and can scrutinize government spending.
Guardian Council's Oversight: The Guardian Council is tasked with ensuring that all laws passed by the Majles conform to Islamic law and the principles of the Constitution. The Guardian Council can reject laws that it deems incompatible with Sharia.
5. The Guardian Council
The Guardian Council is a key political institution in Iran that plays a crucial role in shaping the country’s political system. The Council is responsible for ensuring that laws passed by the Majles comply with the Constitution and Islamic law (Sharia). It also supervises elections, ensuring candidates adhere to ideological and religious standards.
Powers of the Guardian Council:
Approval of legislation: The Guardian Council reviews all laws passed by the Majles to ensure they conform to Islamic principles and the Constitution. If the Council rejects a law, it is sent back to the Majles for revisions.
Electoral oversight: The Council approves candidates for elections to the Majles, the presidency, and the Assembly of Experts. It has the power to disqualify candidates, especially if they are deemed insufficiently loyal to the Islamic Republic or Islamic principles.
Islamic interpretation: The Guardian Council interprets the Constitution in light of Islamic jurisprudence.
6. The Assembly of Experts
The Assembly of Experts is a body of clerics (often referred to as Ayatollahs) that is responsible for electing the Supreme Leader. The Assembly has 88 members who are elected by direct popular vote for an eight-year term.
Powers of the Assembly of Experts:
Selection of the Supreme Leader: The Assembly has the power to elect and, theoretically, to remove the Supreme Leader, although this has not occurred in practice.
Supervision of the Supreme Leader: The Assembly is tasked with overseeing the activities of the Supreme Leader, although its role in practice has been limited.
Political Influence: The Assembly of Experts plays a secondary role in Iran’s political system but remains a critical institution in terms of legitimacy and religious governance.
7. The Expediency Discernment Council
The Expediency Discernment Council is an advisory body that helps resolve conflicts between the Majles and the Guardian Council. Its primary function is to provide guidance on political issues that may not be directly addressed by the Constitution.
Functions of the Expediency Discernment Council:
Resolution of disputes: If there is a deadlock between the Majles and the Guardian Council over legislation, the Expediency Council may be called upon to mediate and propose solutions.
Advisory role: The Council advises the Supreme Leader on matters of national interest, including domestic and foreign policy.
8. Judiciary
Iran’s judiciary is based on Islamic law and civil law principles. The judiciary is headed by the Head of the Judiciary, who is appointed by the Supreme Leader. Courts in Iran include Islamic courts, revolutionary courts, and civil courts. The judicial system is heavily influenced by Islamic principles, and the Supreme Leader has significant influence over the judicial appointments.
Powers of the Judiciary:
Interpretation and enforcement of Islamic law: The judiciary is responsible for ensuring that laws comply with Islamic principles, particularly in cases related to personal status, criminal law, and family law.
Revolutionary Courts: These courts deal with political crimes and national security cases, and they often have the power to try individuals accused of challenging the regime.
9. Political Rights and Freedoms
While Iran's Constitution guarantees some political rights (such as the right to vote and the right to participate in elections), political freedoms are often limited by the regime's authoritarian nature. For example:
Freedom of expression: While there is a certain level of freedom of expression, criticism of the Supreme Leader or the government is often suppressed. Journalists, activists, and dissidents face arrest and imprisonment.
Political parties: Political parties exist but are tightly controlled by the state. Opposition groups that challenge the core principles of the Islamic Republic often face legal persecution.
RELATED Blog
comments