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STUDENT NOTES - 2

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

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STUDENT NOTES - 2

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  1. STUDENT NOTES - 2

  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

  3. 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

  4. INSTITUTIONS OF GOVERMENT THEOCRACY 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 • 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

  5. 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

  6. Ayatollah Ruhollah Khomeini Supreme Leader of Iran, 1979-1989

  7. Ayatollah Ali Khamenei Supreme Leader of Iran, 1989-Present

  8. 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)

  9. 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

  10. 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

  11. 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

  12. 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.

  13. 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

  14. 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

  15. 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

  16. 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

  17. Theocratic & Democratic Elements of Iran’s Government Structure

  18. Theocratic & Democratic Elements of Iran’s Government Structure

  19. 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.

  20. 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

  21. 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

  22. 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

  23. 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

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