STUDENT NOTES 2

CH. 7 The Islamic Republic of Iran

Iran Hostage Crisis• American embassy hostages held

for 444 days from 1979-1981• Believed that purpose could be to

undercut PM Bazargan

Cultural Revolution• Launched by Shia leaders after

revolution• Aimed to purify the country from the

shah’s regime, secular values, and western influences

• Purged universities of liberals

• Suppressed all opposition

• Iran-Iraq War: 1980-1988– The perfect thing for Ayatollah

Khomeini– War = National Unity– Provoked by Saddam Hussein of

Iraq– Allowed the regime to consolidate

power by calling for national unity in the face of a foreign invader

– The war became a means to suppress domestic discontent

– US supported Saddam and Iraq with billions of dollars of military aide!

Sovereignty, Authority, and Power

Iran-Iraq War (1980-88)• Started when Iraq invaded Iran by

land and air• People rallied around the govt in

response• Ended in 1988 with a UN-brokered

cease-fire

Sovereignty, Authority, and Power

• 1980-1988 --- War with Iraq• 1989 --- Khomeini dies; Khamenei succeeds him as

Supreme Leader after a power struggle in the Assembly of Religious Experts

• 1997 --- Reformist Khatami elected president• 2000 --- Reformist candidates win control of the

Majlis• 2004 --- Conservatives regain control of Majlis, after

2,500 reformist candidates disqualified• 2005 --- Conservative Ahmadinejad elected president• 2009 --- Ahmadinejad reelected

• 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

“It’s all about the circles”Institutions of the Revolution (Islam)

1979

Institutions of the Shah (Until 1979)

Democratic Structures

Theocratic

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• 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

DEMOCRACY

• 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.

Muhammad Khatami

President of Iran, 1997-2005

• President Mohammad Khatami (1997-2005)– Reformist and surprise winner– Easier to organize political groups– Less censorship of press– Tried to improve relations with US and other Western

countries– Reformist Khatami was left isolated by conservative

resurgence– Hard line conservatives disqualified

moderates from 2004 parliamentary elections

Sovereignty, Authority, and Power

Mahmoud Ahmadinejad

President of Iran, 2005 - 2013

• President Mahmoud Ahmadinejad (2005-2013)– Tehran's ultra-conservative mayor– Won a run-off vote in presidential elections in

June 2005, defeating his rival, the former president Akbar Hashemi Rafsanjani

– First non-cleric president in 24 years

Sovereignty, Authority, and Power

President Ahmadinejad (2005-2013)

Hassan Rouhani

President of Iran, 2013 - Present

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)

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 IranTheocratic & Democratic Elements of Iran’’s s Government StructureGovernment Structure

StructureStructure

•Supreme LeaderSupreme Leader

Theocratic Theocratic CharacteristicsCharacteristics•Jurist guardianship; Jurist guardianship; ultimate interpreter ultimate interpreter of shariof shari’’a; appointed a; appointed for lifefor life

Democratic Democratic CharacteristicsCharacteristics

•Guardian CouncilGuardian Council •Jurist guardianship; Jurist guardianship; interpreter of interpreter of sharishari’’a; six members a; six members selected by the selected by the Supreme LeaderSupreme Leader

•Six members Six members selected by the selected by the Majlis; which is Majlis; which is popularly elected, popularly elected, indirect democratic indirect democratic tietie

•Assembly of Assembly of Religious ExpertsReligious Experts

•Jurist guardianship; Jurist guardianship; interpreter of shariinterpreter of shari’’aa

•Directly elected by Directly elected by the peoplethe people

Theocratic & Democratic Elements of IranTheocratic & Democratic Elements of Iran’’s s Government StructureGovernment Structure

StructureStructure

•Expediency CouncilExpediency Council

Theocratic Theocratic CharacteristicsCharacteristics•Appointed by the Appointed by the Supreme Leader; Supreme Leader; most members are most members are clericsclerics

Democratic Democratic CharacteristicsCharacteristics•Some members are Some members are not clericsnot clerics

•MajlisMajlis •Responsibility to Responsibility to uphold shariuphold shari’’aa

•Directly elected by Directly elected by the people; pass the people; pass qanunqanun (statutes) (statutes)

•JudiciaryJudiciary •Courts held to Courts held to sharishari’’a law; subject a law; subject to the judicial to the judicial judgments of the judgments of the Supreme Leader, Supreme Leader, Guardian CouncilGuardian Council

•Court structure Court structure similar to those in similar to those in democracies; democracies; ““modernmodern”” penalties, penalties, such as fines and such as fines and imprisonmentimprisonment