Countries of the World/COUNTRYS.BIN/dp/0179/01793.txt

Text File | 1991-06-25 | 32KB | 508 lines

$Unique_ID{COW01793}
$Pretitle{268}
$Title{Iran
Chapter 4A.   Government and Politics}
$Subtitle{}
$Author{Eric Hooglund}
$Affiliation{HQ, Department of the Army}
$Subject{majlis
government
council
constitution
political
faqih
minister
islamic
president
bani}
$Date{1987}
$Log{Bas-relief of Bearded Spinx*0179301.scf
Shah and his Family*0179303.scf
}
Country:     Iran
Book:        Iran, A Country Study
Author:      Eric Hooglund
Affiliation: HQ, Department of the Army
Date:        1987

Chapter 4A.   Government and Politics

[See Bas-relief of Bearded Spinx: Ca. 500 B.C., from Persepolis.]

     The Iranian Islamic Revolution of 1979 resulted in the replacement of the
monarchy by the Islamic Republic of Iran. The inspiration for the new
government came from Ayatollah Sayyid Ruhollah Musavi Khomeini, who first
began formulating his concept of an Islamic government in the early 1970s,
while in exile in the Shia Islam learning and pilgrimage center of An Najaf in
Iraq. Khomeini's principal objective was that government should be entrusted
to Islamic clergy (see Glossary) who had been appropriately trained in Islamic
theology and jurisprudence. He referred to this ideal government as a
velayat-e faqih, or the guardianship of the religious jurist. Khomeini did
not, however, elaborate concrete ideas about the institutions and functions of
this ideal Islamic government. The translation of his ideas into a structure
of interrelated governmental institutions was undertaken by the special
Assembly of Experts, which drafted the Constitution of the Islamic Republic
during the summer and fall of 1979. Subsequently, this Constitution was
ratified by popular vote in December 1979.

    The political institutions established under the Constitution have been in
the process of consolidation since 1980. These institutions have withstood
serious challenges, such as the impeachment and removal from office of the
first elected president and the assassination of the second one; the
assassination of a prime minister, several members of the cabinet, and
deputies of the parliament, or Majlis (see Glossary); an effort to overthrow
the government by armed opposition; and a major foreign war. By 1987 the
constitutional government's demonstrated ability to survive these numerous
crises inspired confidence among the political elite.

    At the top of the government structure is the faqih (see Glossary), the
ultimate decision maker. The Constitution specifically names Khomeini as the
faqih for life and provides a mechanism for choosing his successors. The role
of the faqih has evolved into that of a policy guide and arbitrator among
competitive views. Below the faqih a distinct separation of powers exists
between the executive and legislative branches. The executive branch includes
an elected president, who selects a prime minister and cabinet that must be
approved by the elected legislative assembly, the Majlis. The judiciary is
independent of both the executive and the Majlis.

    Until 1987 the government was dominated by a single political party, the
Islamic Republican Party (IRP). Other political parties were permitted as long
as they accepted the Constitution and the basic principles of velayat-e faqih.
In practice, however, few other political parties have been permitted to
operate legally since 1981. Most of the political parties that were formed in
the immediate aftermath of the Revolution have disbanded, gone underground, or
continued to operate in exile.

    The Constitution stipulates that the government of the Republic derives
its legitimacy from both God and the people. It is a theocracy in the sense
that the rulers claim that they govern the Muslim people of Iran as the
representatives of the divine being and the saintly Twelve Shia Imams (see
Glossary). The people have the right to choose their own leaders, however,
from among those who have demonstrated both religious expertise and moral
rectitude. At the national level this is accomplished through parliamentary
and presidential elections scheduled at four-year intervals. All citizens who
have attained sixteen years of age are eligible to vote in these elections.
There are also local elections for a variety of urban and rural positions.

Constitutional Framework

    The government is based upon the Constitution that was approved in a
national referendum in December 1979. This republican Constitution replaced
the 1906 constitution, which, with its provisions for a shah to reign as head
of state, was the earliest constitution in the Middle East. Soon after the
Revolution, however, on March 30 and 31, 1979, the provisional government of
Mehdi Bazargan asked all Iranians sixteen years of age and older to vote in a
national referendum on the question of whether they approved of abolishing the
monarchy and replacing it with an Islamic republic. Subsequently, the
government announced that a 98- percent majority favored abrogating the old
constitution and establishing such a republic. On the basis of this popular
mandate, the provisional government prepared a draft constitution drawing upon
some of the articles of the abolished 1906 constitution and the French
constitution written under Charles de Gaulle in 1958. Ironically, the
government draft did not allot any special political role to the clergy or
even mention the concept of velayat-e faqih.

    Although the provisional government initially had advocated a popularly
elected assembly to complete the Constitution, Khomeini indicted that this
task should be undertaken by experts. Accordingly the electorate was called
upon to vote for an Assembly of Experts from a list of names approved by the
government. The draft constitution was submitted to this seventy-three member
assembly, which was dominated by Shia clergy. The Assembly of Experts convened
in August 1979 to write the constitution in final form for approval by popular
referendum. The clerical majority was generally dissatisfied with the
essentially secular draft constitution and was determined to revise it to make
it more Islamic. Produced after three months of deliberation, the final
document, which was approved by a two- thirds majority of the Assembly of
Experts, differed completely from the original draft. For example, it
contained provisions for institutionalizing the office of supreme religious
jurist, or faqih, and for establishing a theocratic government.

    The first presidential elections took place in January 1980, and elections
for the first Majlis were held in March and May of 1980. The Council of
Guardians, a body that reviews all legislation to ensure that laws are in
conformity with Islamic principles, was appointed during the summer of 1980.
Presidential elections were held again in 1981 and 1985. The second Majlis was
elected in 1984.

The Faqih

    The preamble to the Constitution vests supreme authority in the faqih.
According to Article 5, the faqih is the just and pious jurist who is
recognized by the majority of the people at any period as best qualified to
lead the nation. In both the preamble and Article 107 of the Constitution,
Khomeini is recognized as the first faqih. Articles 108 to 112 specify the
qualifications and duties of the faqih. The duties include appointing the
jurists to the Council of Guardians; the chief judges of the judicial branch;
the chief of staff of the armed forces; the commander of the Pasdaran
(Pasdaran-e Enghelab-e Islami, or Islamic Revolutionary Guards Corps, or
Revolutionary Guards); the personal representatives of the faqih to the
Supreme Defense Council; and the commanders of the army, air force, and navy,
following their nomination by the Supreme Defense Council. The faqih also is
authorized to approve candidates for presidential elections. In addition, he
is empowered to dismiss a president who has been impeached by the Majlis or
found by the Supreme Court to be negligent in his duties (see fig. 9).

    Articles 5 and 107 of the Constitution also provide procedures for
succession to the positi