STUDENT NOTES - 2

INSTITUTIONS OF GOVERMENT Tension: Between Islam and practical governance Remember: You can’t ask God what He thinks! Two types of institutions coexist: Appointed and Elected Dualism reflects the attempted synthesis between divine and popular sovereignty institutions Multiple Power Centers: Institutions created by the revolutionaries to supplement the activities of the traditional state institutions, with which they share overlapping responsibilities This further complicates the institutional structure of Iran

INSTITUTIONS OF GOVERMENT Political system fuses theocracy and democracy in a unitary state Theocratic Institutions: Supreme Leader Guardian Council Expediency Council Democratic Institutions: Assembly of Religious Experts Majles President

INSTITUTIONS OF GOVERMENT THEOCRACY DEMOCRACY Do not fit into 3 branch structure Powers to supersede all other bodies Supreme Leader – appointed for life, commander in chief, dismiss president, nomination/appointment Ultimate power as head of state Guardian Council – 12 clerics, review bills of Majles, decide candidates Expediency Council – collectively powerful; referee for GC and M; now originate own law The president Popularly elected; 4 years; 2 terms; chief executive; usually clergy Assembly of Religious Experts Majles (parliament) Unicameral; lawmaking power, appointment/removal power

INSTITUTIONS OF GOVERMENT Supreme Leader – most powerful political figure Chosen by Assembly of Religious Experts (only tested once, in 1989) Appointed for life Expected to act as a trustee of community by supervising politics and ensuring laws conform to Islam Powers Eliminate presidential candidates Dismissal of the president Commander of the armed forces Declares war and peace Appoints many administrators and judges Nominates up to 6 members to Guardian Council Appoints heads of other agencies, like broadcasters Head of State with real power

Ayatollah Ruhollah Khomeini Supreme Leader of Iran, 1979-1989

Ayatollah Ali Khamenei Supreme Leader of Iran, 1989-Present

INSTITUTIONS OF GOVERMENT Guardian Council 12 male clerics, serve 6 year terms 6 appointed by Supreme Leader 6 nominated by Chief Judge, approved by Majles Review bills passed by Majles to ensure they comply with the sharia Power to VETO any legislations passed by Majlis that is at odds with basic tenants of Islam Vetting power - May disqualify candidates for election as part of their jurist guardianship (along with Supreme Leader)

INSTITUTIONS OF GOVERMENT Assembly of Religious Experts 86 men elected by the people every 4 years Use to only allow clerics, but requirement eliminated in 1998 Candidates may still be rejected by Guardian Council With Supreme Leader and Guardian Council, in charge of constitutional interpretation Choose a successor to the Supreme Leader, and may remove him as well Chairman is currently Mohammad-Reza Mahdavi Kani

INSTITUTIONS OF GOVERMENT Expediency Council Created by Khomeini to referee disputes between Guardian Council and Majles Members appointed by Supreme Leader Has gained the power to originate legislation Collection of the most powerful men in Iran, including: High ranking clerics President Chief Judge Speaker of Majles Members of the Guardian Council Headed by Akbar Hashemi Rafsanjani

INSTITUTIONS OF GOVERMENT President and Cabinet Head of government Elected every 4 years by voters, may serve 2 terms Majority system Candidates approved by Guardian Council Constitution requires him to be a “pious Shiite” Powers Devise the budget “Supervise” economic matters Propose legislation to the Majles Executing the law/policies Signs treaties and laws Chairs the National Security Council Appoints cabinet and other provincial officials

INSTITUTIONS OF GOVERMENT Iran does not have a presidential system, so the head of the executive does not have the same authority as presidents in countries that have a presidential system, such as the U.S., Mexico, and Nigeria. However, the president does represent the highest official representing democratic principles in Iran, and he functions as the head of government, while the supreme leader serves as head of state.

INSTITUTIONS OF GOVERMENT Legislature – The Majles NOT RUBBER STAMP Pass laws with approval of Guardian Council Interpret legislation, without contradiction of judiciary Approve 6 members to Guardian Council nominated by Chief Judge Investigate misconduct of bureaucracy and judiciary Remove cabinet officials (not the president) Approve the budget, cabinet, treaties, and loans

INSTITUTIONS OF GOVERMENT 290 deputies, 4 year terms Five guaranteed seats for recognized religious minorities: Christians, Jews, and Zoroastrians Nonrecognized religious minorities (e.g., Baha’is) cannot run Direct Elections Elections held on a nonpartisan basis (ballots do not have party identification or philosophy) 28 multimember districts (based on population size) Two round voting: Candidate must receive at least 25% on first ballot If more candidates clear this threshold to fill a district’s seats: second round held several months later for top two candidates with the most support

INSTITUTIONS OF GOVERMENT Judiciary – not independent Supreme leader appoints head of judiciary who appoints senior judges Types of law in Iran Sharia – Islamic law, supersedes all other laws, chiefly interpreted by Supreme Leader Qanun – No sacred basis, just statutes made by legislative bodies (Majles, for example) Must not contradict sharia No judicial review – legal authority is not in the constitution, but in interpretation of sharia Appeals system is in place, but Khomeini argued spirit of sharia was for local judges to make final decisions in most cases Sharia dictates harsh punishments (death) for a wide variety of “crimes”, but Islamic Republic has softened the use of these over the years

INSTITUTIONS OF GOVERMENT Military Revolutionary Guard – created by Khomeini to counter the Shah’s existing regular army, navy, and air force Strong political influence, increasingly independent Army defends the borders, Revolutionary Guard protects the Islamic Republic All commanded by Supreme Leader, who appoints top commanders No fear of coup: Military respects orderly transfer of power Khomeini legacy: military should stay out of politics Loyal to supreme leader

Theocratic & Democratic Elements of Iran’s Government Structure Supreme Leader Theocratic Characteristics Jurist guardianship; ultimate interpreter of shari’a; appointed for life Democratic Characteristics Guardian Council Jurist guardianship; interpreter of shari’a; six members selected by the Supreme Leader Six members selected by the Majlis; which is popularly elected, indirect democratic tie Assembly of Religious Experts Jurist guardianship; interpreter of shari’a Directly elected by the people

Theocratic & Democratic Elements of Iran’s Government Structure Expediency Council Theocratic Characteristics Appointed by the Supreme Leader; most members are clerics Democratic Characteristics Some members are not clerics Majlis Responsibility to uphold shari’a Directly elected by the people; pass qanun (statutes) Judiciary Courts held to shari’a law; subject to the judicial judgments of the Supreme Leader, Guardian Council Court structure similar to those in democracies; “modern” penalties, such as fines and imprisonment

Policy Formulation In Iran state policy is set by a number of bodies, some of them explicitly mentioned in the Constitution, some not. Given the mixed nature of the political system, overlaps, duplications, and even contradictions abound, and it is not rare for different policymaking bodies to work at cross-purposes.

Policy Formulation Economic Policymaking: most contentious topic 1980s liberal approach: private sector, market mechanisms Mixed results, led to hardship, faced opposition Under Ahmadinejad: Populist rhetoric of redistribution, privatization Uses government contracts to reward allies Spreading Progress and Prosperity State educational system good Birth control, health care Roads, basic services

Policy Outcomes Islamization of Society Alcohol banned except for non-Muslim minorities Veiling enforced in public spaces State committed to minimizing contact between unrelated men, women Religious content of education vastly expanded Gruesome physical punishment to adulterers, homosexuals, offenders of religious morality Outwardly a success, underneath surface: bootlegging, prostitution, drugs, corruption Religious practice has become more private

Policy Outcomes Gender Relations Legal restrictions on women’s rights Discriminations instituted by Islamic Republic Fields of study closed to women Sports restricted, attire incompatible with veiling Compete in sports, at locations men not admitted Women increasing participation in public life Many working outside home Universities’ restrictions on studies being lifted Mal-veiling Islamic feminism

Policy Outcomes Foreign Policy Under Shah - US an ally Now – neither East nor West 1990s: national interest rather than exporting revolution dominated Third World desire to escape hegemony of West Regional trade in goods, services with Middle East Emboldened Kurds of Iran Main issue confronting Iranian diplomacy is nuclear program International Atomic Energy Agency monitoring Sanctions