Government of Islamic Republic of Iran

Government of Islamic Republic of Iran is the name of Iranian government after the Islamic revolution. Two months after the victory of Iranian revolution in a referendum more than 98% of Iranian voters approved this name for their government. This government is one of the kinds of Islamic republic and it political structure includes the supreme leader, and the executive , legislative and the Judicial system and Assembly of Experts, Expediency Discernment Council and City and Village Councils of Iran are other institutes of this government. The Supreme Leader is the commander-in-chief of Iran.

The Constitution of Islamic Republic of Iran ratified by referendum in 1979 and was amended on 28 July 1989.

Creation

Islamic Republic of Iran created with the Iranian Revolution. The first major demonstrations to overthrow Mohammad Reza Pahlavi began in January 1978.[1] The new theocratic Constitution was approved in December 1979. In between, the Shah fled Iran in January 1979 after strikes and demonstrations paralyzed the country, and on February 1, 1979 Ayatollah Khomeini returned to Tehran to a greeting by several million Iranians.[2] The final collapse of the Pahlavi dynasty occurred shortly after on February 11 when Iran's military declared itself "neutral" after guerrillas and rebel troops overwhelmed troops loyal to the Shah in armed street fighting.[3]

Iranian Islamic Republic referendum

After the victory of Iranian revolution, a referendum was held by Interim Government of Iran on 30 and 31 March (10 and 11 Farvardin 1358) and asked people to vote Yes or No to an Islamic Republic.[4] The referendum results was announced that 98.2 percent of the Iranian people voted to Islamic Republic[5] and this result officially proclaimed by Ayatollah Khomeini in the night between April lst and 2nd, 1979.[6]

Constitution

On 2-3 December 1979, The constitution of Islamic Republic of Iran was ratified by referendum. In this referendum 99.5 present of Iranian voters approved the constitution.[7][8] Ten years later, in the summer of 1989, Iranian voters approved the amendments to the constitution of 1979 in a referendum.[9][10] The constitution has been called a "hybrid" of "theocratic and democratic elements". While articles One and Two vest sovereignty in God, article six "mandates popular elections for the presidency and the Majlis, or parliament."[11] However all democratic procedures and rights are subordinate to the Guardian Council and the Supreme Leader, whose powers are spelled out in Chapter Eight (Articles 107-112).[11][12] The Constitution of 1989 has 175 article.

The principles of government

The government of Islamic Republic of Iran is a theocratic republic.[9] The article two of Constitution explains the principle of government of Islamic Republic of Iran:

Article 2

The Islamic Republic is a system based on belief in:

1.the One God (as stated in the phrase "There is no god except Allah"), His exclusive sovereignty and the right to legislate, and the necessity of submission to His commands; 2.Divine revelation and its fundamental role in setting forth the laws; 3.the return to God in the Hereafter, and the constructive role of this belief in the course of man's ascent towards God; 4.the justice of God in creation and legislation; 5.continuous leadership (imamah) and perpetual guidance, and its fundamental role in ensuring the uninterrupted process of the revolution of Islam; 6.the exalted dignity and value of man, and his freedom coupled with responsibility before God; in which equity, justice, political, economic, social, and cultural independence, and national solidarity are secured by recourse to: 1.continuous ijtihad of the fuqaha' possessing necessary qualifications, exercised on the basis off the Qur'an and the Sunnah of the Ma'sumun, upon all of whom be peace; 2.sciences and arts and the most advanced results of human experience, together with the effort to advance them further; 3.negation of all forms of oppression, both the infliction of and the submission to it, and of dominance, both its imposition and its acceptance.[13]

The political structure

Leadership

The leader of Islamic Republic of Iran called Supreme Leadership Authority officially in Iran. This post was established by the Article 5 of Constitution of the Islamic Republic of Iran in accordance with the concept of the Guardianship of the Islamic Jurist.[13] This post is a life tenure post.[14] Article 109 is about the Leadership Qualifications and Article 110 mentions to Functions and duties of the Supreme Leader. According to this article he is the commander-in-chief of the Armed Forces. Also according to Article 57 the Legislature, the Executive and the Judiciary system shall operate under the superintendence of Supreme leader.[13] The Islamic Republic has had two Supreme Leaders: Ayatollah Ruhollah Khomeini, who held the position from Iranian revolution in 1979 until his death in 1989, and Ayatollah Ali Khamenei, who has held the position since Khomeini's death.

Legislature

The Legislature of Islamic Republic of Iran has two parts: Islamic Consultative Assembly and Guardian Council. The Article 62-99 are about Legislature of Islamic Republic of Iran.

Consultative Assembly

The Articles 62-90 of Constitution of Islamic Republic of Iran are about Islamic Consultative Assembly.In Article 71 is mentioned that The Islamic Consultative Assembly can establish laws on all matters, within the limits of its competence as laid down in the Constitution. According to Article 62 The Islamic consultative Assembly is constituted by the representatives of the people elected directly and by secret ballot. Article 64 notes There are to be two hundred seventy members of the Islamic Consultative Assembly which, keeping in view the human, political, geographic and other similar factors, may increase by not more than twenty for each ten-year period from the date of the national referendum of the year 1368 of the solar Islamic calendar.[13] The Parliament currently has 290 representatives, changed from the previous 272 seats since the 18 February 2000 election. The most recent election took place on 26 February 2016 and the new parliament was opened on 28 May 2016.[15]

Guardian Council

Main article: Guardian Council

Guardian Council is a part of legislative that acts in many ways as an upper Consultative Assembly.This council reviews the legislation by Consultative Assembly to examine its compatibility with Islam and Constitution.[16]

The articles 91-99 are about Guardian Council. According to article 91 it has 12 members, Half its members are faqihs that are chosen by Supreme Leader and the other six members are jurists who are elected by the Islamic Consultative Assembly from among the Muslim jurists nominated-by the Chief Justice of Iran.[13]

The current Faqihs members of this council are: Ahmad Jannati (council chairman), Mohammad Momen, Mohammad-Reza Modarresi Yazdi, Mehdi Shab Zende Dar Jahromi, Mahmoud Hashemi Shahroudi and Mohammad Yazdi and the jurists are: Mohammad Reza Alizadeh (deputy chairman), Nejatollah Ebrahimian (Spokesman), Mohsen Esmaili, Siamak Rahpeyk, Mohammad Salimi and Sam Savadkouhi.

Executive

President

Main article: President of Iran

In Islamic Republic of Iran President is the second person of government and the head of government. The President is the highest popularly elected official in Iran, although the President answers to the Supreme Leader of Iran, who functions as the country's head of state. Chapter 9 (Articles 133-142) of the Constitution of the Islamic Republic of Iran sets forth the qualifications for presidential candidates and procedures for election, as well as the President's powers and responsibilities as "functions of the executive". These include signing treaties and other agreements with foreign countries and international organizations; administering national planning, budget, and state employment affairs; and appointing ministers subject to the approval of Parliament.[13]

According to article 114 the President of Iran is elected for a four-year term by the direct vote of the people and may not serve for more than two consecutive terms or more than 8 years.[13]

The current President of Iran is Hassan Rouhani, who assumed office on August 3, 2013, after the 2013 Iranian presidential election. He succeeded Mahmoud Ahmadinejad, who served 8 years in office from 2005 to 2013.[17]

Judicial system

The judiciary of Islamic Republic of Iran is an independent power, the protector of the rights of the individual and society, responsible for the implementation of justice, and entrusted with the following duties:

1.investigating and passing judgement on grievances, violations of rights, and complaints; the resolving of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine;

2.restoring public rights and promoting justice and legitimate freedoms;

3.supervising the proper enforcement of laws;

4.uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting the penalties and provisions of the Islamic penal code;

5.taking suitable measures to prevent the occurrence of crime and to reform criminals. (Article 156 of Constitution)[13]

Other institution

Assembly of Experts

Main article: Assembly of Experts

Assembly of Experts or Assembly of Experts of the Leadership is a deliberative body of eighty eight (88) Mujtahids. The members are elected by direct public voting for eight years.[18]

According to article 107, 109 and 111 the duties of this assembly are electing and removing the Supreme Leader of Iran and supervising his activities.[13][19]

The last voting took place on 26 February 2016.[18] The new assembly was opened on 24 May 2016 and selected Ahmad Jannati as chairman of the Fifth Assembly.[20]

Expediency Discernment Council

The Expediency Discernment Councilis an administrative assembly appointed by the Supreme Leader[21] and was created upon the revision to the Constitution of the Islamic Republic of Iran on 6 February 1988.[22] According to article 112 of Constitution[13] It was originally set up to resolve differences or conflicts between the Consultative Assembly and the Guardian Council, but "its true power lies more in its advisory role to the Supreme Leader."

Members of the council are chosen by the Supreme Leader every five years.[23]

Akbar Hashemi Rafsanjani is the chairman of this Council.

Councils of Iran

According to article 7 the city and village Councils are one of the decision-making and administrative organs of the country. The chapter seven (article 100-106) of Iran's constitution is about these local Councils. According to article 100: In order to expedite social, economic, development, public health, cultural, and educational programmes and facilitate other affairs relating to public welfare with the cooperation of the people according to local needs, the administration of each village, division, city, municipality, and province will be supervised by a council to be named the Village, Division, City, Municipality, or Provincial Council. Members of each of these councils will be elected by the people of the locality in question. Qualifications for the eligibility of electors and candidates for these councils, as well as their functions and powers, the mode of election, the jurisdiction of these councils, the hierarchy of their authority, will be determined by law, in such a way as to preserve national unity, territorial integrity, the system of the Islamic Republic, and the sovereignty of the central government.[13]

Islamic Republic of Iran Broadcasting

The Islamic Republic of Iran Broadcasting (IRIB) according to Constitution is the only radio and television services in Iran.[24] According to article 175 of Constitution the appointment and dismissal of the head of Islamic Republic of Iran Broadcasting rests with the Leader. A council consisting of two representatives each of the President, the head of the judiciary branch and the Islamic Consultative Assembly shall supervise the functioning of this organization.[13]

Armed forces

General Staff of Armed Forces of the Islamic Republic of Iran

General staff of Armed forces of the Islamic Republic of Iran is the highest military body in Iran, with an aim to implement policy, monitor and coordinate activities within Armed Forces of the Islamic Republic of Iran.[25] Major general Mohammad Hossein Bagheri is the current chief of this staff.[26][27]

Islamic Republic of Iran Army

Islamic Republic of Iran Army is the "conventional military of Iran"[28] and part of Armed Forces of the Islamic Republic of Iran. The army is tasked to protect the territorial integrity of Iranian state from external and internal threats and to project power.[28] According to article 143 of Constitution the Army of the Islamic Republic of Iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the Islamic Republic.[13] Artesh has its own Joint Staff[29] which coordinates its four separate service branches: Ground Forces, Air Force, Navy and Air Defense Base.[28] The current chief of Army is MG Ataollah Salehi.

Army of the Guardians of the Islamic Revolution

The Army of the Guardians of the Islamic Revolution (Sepah) is a branch of Iran's Armed Forces, established after the Islamic revolution on 5 May 1979.[30] Article 150 says about Sepah that The Islamic Revolution Guards Corps, organized in the early days of the triumph of the Revolution, is to be maintained so that it may continue in its role of guarding the Revolution and its achievements.[13] MG Mohammad Ali Jafari is the current commander of the Army of the Guardians of the Islamic Revolution.[31]

Law Enforcement Force of Islamic Republic of Iran

Law Enforcement Force of Islamic Republic of Iran is the uniformed police force in Iran. It established in 1992 by merging the Shahrbani , Gendarmerie and Committee of Iran into a single force, it has more than 60,000 police personnel served under the Ministry of Interior, including border patrol personnel.[32] Brigadier General Hossein Ashtari is the current commander of this force.[33]

References

  1. The Iranian Revolution.
  2. Ruhollah Khomeini, Encyclopædia Britannica.
  3. Iran Islamic Republic, Encyclopædia Britannica.
  4. Parvin Paidar (1997). Women and the Political Process in Twentieth-Century Iran. Cambridge University Press. p. 226.
  5. Ibrahim Moussawi. Shi‘ism and the Democratisation Process in Iran: With a focus on Wilayat al-Faqih. pp. Chapter Six.
  6. Thierry Coville (1994). L'économie de l'Iran islamique: entre l'Etat et le marché. Institut français de recherche en Iran. p. 46.
  7. Mahmood T. Davari (1 October 2004). The Political Thought of Ayatollah Murtaza Mutahhari: An Iranian Theoretician of the Islamic State. Routledge. p. 138. ISBN 978-1-134-29488-6.
  8. Dilip Hiro. Iran under the Ayatollahs (Routledge Revivals). Routledge.
  9. 1 2 Vijeya Rajendra, Gisela T. Kaplan, Rudi Rajendra. Iran. Marshall Cavendish. p. 29.
  10. Roger Howard. Iran in Crisis?: The Future of the Revolutionary Regime and the US Response. Zed Books. p. 120.
  11. 1 2 Francis Fukuyama (28 July 2009). "Francis Fukuyama: Iranian constitution democratic at heart - WSJ". WSJ.
  12. "A Detailed Analysis of Iran's Constitution - World Policy Institute". worldpolicy.org.
  13. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 M. Mahmood. The Political System of the Islamic Republic of Iran. Gyan Publishing House. p. 132.
  14. Bozorgmehr Sharafedin. "Iran's possible next Supreme Leader being examined: Rafsanjani". REUTERS. Retrieved 2 July 2016.
  15. Large scale turn out at polls in IRI March Majlis Elections IRNA
  16. "Council of Guardians". Retrieved 3 July 2016.
  17. "Hassan Rouhani takes over as Iran president". BBc News. 3 August 2013. Retrieved 3 July 2016.
  18. 1 2 "Iran election: Counting starts after high turnout". BBC News. 26 February 2016. Retrieved 3 July 2016.
  19. "Assembly of Experts within Iran Political Structure". Ivan Sahar. Retrieved 3 July 2016.
  20. "Hard-line cleric becomes speaker of Assembly of Expert". SALON. 24 May 2016. Retrieved 3 July 2016.
  21. Expediency Council BBC News
  22. Foreign press and media department
  23. Islamic Republic of Iran Expediency Discernment Council of the System
  24. "Structure of Iran's State-Run TV IRIB" (PDF). Open Source Center. 16 December 2009. Retrieved 4 July 2016.
  25. Forozan, Hesam (2015), The Military in Post-Revolutionary Iran: The Evolution and Roles of the Revolutionary Guards, Routledge, pp. 51–53, ISBN 9781317430742
  26. "If ISIS attacks Baghdad, Iran will intervene militarily, says Iranian general". IranGeo. Retrieved 3 July 2016.
  27. "The appointment of MG Bagheri as the chief of Staff of Armed Forces of the Islamic Republic of Iran". The database of Leadership Office. Retrieved 3 July 2016.
  28. 1 2 3 Simon, Rita J.; Abdel-Moneim, Mohamed Alaa (2011), A Handbook of Military Conscription and Composition the World Over, Lexington Books, pp. 152–153, ISBN 0739167529
  29. Hossein Aryan (November 15, 2011), The Artesh: Iran’s Marginalized and Under-Armed Conventional Military, Middle East Institute, retrieved July 3, 2016
  30. IISS Military Balance 2006, Routledge for the IISS, London, 2006, p. 187
  31. "Iran changes Revolutionary Guards commander:TV". REUTERS. 1 Sep 2007. Retrieved 4 July 2016.
  32. http://www.csis.org/media/csis/pubs/060728_gulf_iran.pdf
  33. "Ayatollah Khamenei appoints Iran new police chief". PressTV. IA. 9 March 2015. Retrieved 4 July 2016.
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