A comprehensive analysis of the Iranian legal system (part one)
In this comprehensive article, we will delve into an in-depth analysis of Iranian legal system, dividing our study into two distinct parts. The first part will focus on the structure of power within Iran, shedding light on the legislative and executive branches. We will explore the constituent components of each branch, and examining their respective duties and powers.
An analysis of the Iranian legal system
The legal system in Iran is a unique blend of Islamic law and civil law, specifically adapted from the French civil law system. While certain aspects of the legal framework, such as family law and rules pertaining to inheritance, are primarily derived from Islamic law, other areas like civil law procedures, criminal law procedures, and commercial law draw inspiration from the civil law system. The Iranian government is composed of various branches of power, including the Supreme Leader, executive, legislative, and judicial powers. Each institution plays a distinct role in the governance and administration of the country. (For more information, you can click Constitution.)
The Supreme Leader in Iran
The Supreme Leader holds the highest position of authority in Iran and assumes leadership in various aspects such as politics, society, and economy. As outlined in Articles 107 to 109 of the Constitution, the Supreme Leader is chosen through a process of election by the Assembly of Experts and serves for life. It is required that the Supreme Leader be an Islamic jurist (faqih) who possesses qualities of justice, compassion, bravery, and a profound understanding of political and social matters. Under Article 110 of the Constitution, the Supreme Leader of Iran is assigned several duties.
Duties of the Supreme Leader under Iranian legal system
- Delineation of the general policies of the Islamic Republic of Iran after consultation with the Expediency Council
- Supervision over the proper execution of the general policies of the system
- Issuing decrees for national referenda
- Assuming supreme command of the armed forces
- Declaration of war and peace, and mobilization of police and military
- The appointment, dismissal, and acceptance of resignation of various key positions within the country. The positions that fall under the authority of the Supreme Leader include the Islamic jurists on the Guardian Council, the highest judicial authority in Iran, the head of the radio and television network of the Islamic Republic of Iran, the chief of the joint staff, the chief commander of the Islamic Revolution Guards Corps, and the supreme commanders of the armed forces.
- Resolving differences between the three branches of the armed forces and regulate their relations
- signing the decree formalizing the election of the President of Iran by the people
- Dismissal of the President of the Republic. This can occur when the Supreme Court finds the President guilty of breaching their constitutional duties or when the Islamic Consultative Assembly votes to declare the President incompetent. The Supreme Leader must consider the best interests of the country when exercising this authority.
The legislative power under Iranian legal system
The legislative power in Iranian legal system in accordance with the Constitution is composed of three main bodies, namely the Islamic Consultative Assembly (also known as Parliament), the Guardian Council, and the Expediency Council. These bodies are established and defined under Articles 62 to 99 of the Constitution.
The Islamic Consultative Assembly or Parliament under Iranian legal system
The Islamic Consultative Assembly, also known as the Parliament, is the legislative body in Iran. According to Articles 62 to 70 of the Iranian Constitution, members of Parliament are elected directly by the people through secret ballots. The term for each member is four years. The allocation of seats in Parliament is determined based on various factors such as population, political considerations, and geographic distribution.
Each province in Iran is represented by a certain number of members, which is proportional to its population and other relevant factors. Initially, the number of members was set at 270, but it increases by a maximum of 20 members every ten years. In addition to the representation of the Muslim majority, religious minorities in Iran also have the right to elect their own representatives in Parliament.
This includes Zoroastrians, Jews, and Christians. The Christian and Jewish communities each have one representative, while the Zoroastrian community has three representatives. Currently, the Iranian Parliament consists of 290 members. For the Parliament to be considered legally in session and able to conduct official business, at least two-thirds of these members must be present.
Duties of The Islamic Consultative Assembly
Under Articles 71 to 93 of the Constitution, the Parliament in Iranian legal system is entrusted with several important responsibilities. These duties include the passage and interpretation of laws, with the exception of areas explicitly reserved in the Constitution.
The process of proposing bills can occur in two ways: either through government proposal after receiving approval from the Council of Ministers, or with the endorsement of at least 15 members of Parliament. Additionally, the Parliament is responsible for investigating public affairs and granting approval for international treaties, agreements, loans, and aid.
It also holds the power to issue a vote of confidence to the Council of Ministers, thereby expressing its support or lack thereof for the government’s policies and actions. Furthermore, the Parliament has the authority to pose questions to the President or any minister. This includes the ability to interrogate and seek clarification from the President, the Council of Ministers as a whole, or individual ministers on matters of public interest or concern.
The Guardian Council in Iran
The Guardian Council in Iranian legal system, as outlined in Articles 91 to 99 of the Constitution, is composed of 12 members who are divided equally between religious scholars (Fuqaha) appointed by the Supreme Leader and jurists introduced by the Head of Judiciary and elected by the Parliament. This council is entrusted with several important responsibilities:
- Monitoring Legislation: The Guardian Council’s primary duty is to review all drafts passed by the Parliament and ensure their compliance with Sharia (Islamic law) as determined by religious scholars and the Constitution as determined by its jurists. This involves assessing whether proposed laws align with the principles and values of Islam and adhere to the constitutional framework.
- Constitutional Interpretation: The Guardian Council has the authority to interpret the Constitution. To do so, a three-fourths majority vote among its members is required. This power allows the council to provide guidance on constitutional matters, resolve ambiguities, and clarify the intent behind specific provisions.
- Electoral Supervision: Another crucial role of the Guardian Council is to oversee all elections and referenda held within Iran. This includes monitoring the electoral process, ensuring fairness, and verifying the eligibility of candidates. By supervising elections, the council aims to uphold democratic principles while ensuring that candidates meet legal requirements.
The Expediency Council in Iran’s legal system
It is a governing body in Iranian legal system established under Article 112 of the Constitution. The members of the council are appointed by the Supreme Leader, either on a permanent or temporary basis. The primary role of the Expediency Council is to resolve conflicts that may arise between the Guardian Council and the Parliament.
One of the key functions of the Expediency Council is to act as a mediator in disputes between the Guardian Council and the Parliament. The Guardian Council is responsible for ensuring that legislation passed by the Parliament complies with Islamic principles and the Constitution. However, if there is a disagreement between the two bodies regarding a particular law or regulation, it is the role of the Expediency Council to intervene and find a resolution. The Expediency Council also provides consultations to the Supreme Leader. When the Supreme Leader seeks advice or guidance on matters of national importance, he can refer to the Expediency Council for their input.
Executive power under Iranian legal system
Executive power is one of the main bodies of Iranian legal system. According to Articles 113 to 151 of the Constitution, the President holds the position of the head of the executive power and is responsible for appointing Ministers and Deputies. In accordance with Articles 114 to 122 of the Constitution, the process of electing a President involves several steps.
The President is elected through a direct secret vote by the people, with a maximum limit of two consecutive four-year terms. In the first round of voting, an absolute majority is required for a candidate to be elected. If no candidate achieves this majority, the two candidates with the highest number of votes move on to compete in a second round. The candidate who receives the most votes in the second round is then elected as the President. Once elected, the President is appointed by the Supreme Leader and takes an oath.
Duties of the president in Iran
The President in Iranian legal system is entrusted with several important duties as outlined in Articles 123 to 130 of the Constitution. These duties include:
- Enforcing Laws: The President is responsible for signing laws that have been passed by the Parliament. This duty entails not only affixing their signature to the legislation but also ensuring its implementation and enforcement throughout the country.
- Representing Iran in International Agreements: As the representative of Iran, the President has the authority to sign international treaties and agreements on behalf of the country. This duty involves engaging in diplomatic negotiations, reviewing proposed agreements, and ultimately signing those that are deemed beneficial for Iran’s national interests.
- Appointing Ambassadors: The President holds the power to appoint ambassadors who have been proposed by the foreign minister. Ambassadors play a crucial role in representing Iran’s interests abroad and maintaining diplomatic relations with other nations. The President’s duty is to carefully consider the recommendations made by the foreign minister and select suitable candidates for these important positions.
The process of appointing and approving ministers in the government is outlined in Articles 133 to 136 of the Constitution. According to these articles, it is the responsibility of the President to appoint ministers and present them to the Parliament for approval. However, if a minister is dismissed by the President, resigns, faces disapproval from the Parliament, or undergoes an interrogation, they are subsequently removed from their position. Additionally, Article 138 grants each individual minister and the Council of Ministers the authority to issue administrative regulations for the purpose of implementing laws.
The structure of the judicial power will be considered in the second part of this article.
A comprehensive analysis of the Iranian legal system – Part 2
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