“International Rule of Law”
Externship Paper
December 20, 2006
The Balance
between Democracy and State-building in
Introduction
The transition to a democratic system of governance
has been slow and often bloody almost everywhere in which it has taken place.
It is no secret that the development of democracy is then a painful process,
but a process that societies must undertake if they wish to have a say in their
future. Societies must understand that democracies are not and can not be built
overnight. When King John signed the Magna Carta in 1215 [1],
limiting the power of his “nobility,” it took hundreds of years later until the
parliament was accepted as supreme, when Queen Mary II accepted it so in 1689. [2]
Even during this time
Despite the ascendancy of hardliner Mahmoud
Ahmadinejad in the 2005 presidential election, there still remains a genuine
desire for democracy and economic reform, in
Of course, nothing in
“a theocracy coexists with limited democratic
practices; a secularized middle-class youth culture shares the public sphere
with a sizable share of the populace that still puts trust in Khomeini and his
legacy. Daily newspapers run full-page discussions of debates between French philosophers
over the meaning of ‘postmodernists discourse,’ yet the country continues to
languish under the Islamic Republic.”[10]
And while the forces of reform and modernity appear to be strong, so do
those of conservatism and traditionalism. Notwithstanding the strength of the
latter two forces,
The current challenge
confronting Iran today, as it was a century ago when the country experienced a
constitutional revolution[12],
is how to fuse the desire for democracy and the imperatives of nation-building[13]
together in order to a create a democratic state. That is how does
The question remains how does the state undergo
development and nation-building without neglecting democratic rights? After
all, achieving a democratic state marks a balanced accomplishment of the
development process. In the end, for any state to endure, it must be
democratic, and
The Islamic Republic
Few,
if any political scientists could fathom the creation of a theocracy in a
modern nation-state.[17] The
fact of it emerging from a popular revolution makes the idea even crazier.[18]
Yet that’s exactly what happened on May 1, 1979 in
Factionalism
Political
factions in
It should be understood that “while the notion of a clear-cut battle pitting conservatives against reformers is appealing, it does not do justice to the reality. There are divisions within both camps and connections between them; indeed, some actors may be ‘conservative’ (the right) on certain issues and ‘reformers’ (the left) on others.”[26] That being said, the faction, which is called the “left” or “radicals”[27] in Iran subscribes to principles similar to those espoused by most Third World leftist revolutionary forces. [28] Principles which include anti-imperialism and a welfare state based on egalitarianism through the use of subsidies. Thus, they advocate a strict control over the economy by the state. This faction also supports the export of the revolution. [29] Another faction holds “conservative” and non-revolutionary views. This faction believes in a laissez-faire economy and minimal intervention by the state in economic domain, yet in the socio-cultural domain, advocates the strict implementation of Sharia.[30] Due to its highly orthodox interpretation of the Shari’a and conservative views on economic and socio-cultural questions, this faction is labeled as the “traditional right.” In addition to this faction, there is also a faction known as the “modern right.” They are labeled “modern” because of their views in the economic sphere and “right” because of their belief in a free market economy. This faction is made up mostly of state technocrats whose main objective is the political and economic modernization of the state along the path of developing countries such as the East Asian Tigers.[31] Moreover, in contrast to the traditional right, this faction actually maintains liberal socio-cultural views.[32] Finally, there is a new fundamentalist faction[33], which is “comprised of young, highly religious, zealous individuals whose self-proclaimed ‘holy duty’ is to prevent the infiltration of western cultural norms into the country as well as fighting immorality in the Islamic Republic.” [34]
The lack of ideological unity has deprived the state of coherent decision making in all areas of policy. Thus, policymaking in the Islamic Republic is often a result of tactical scheming and engaging in partisan political activities. More often than not, the final arrangement of any particular policy is contingent upon which faction controls the delegated organization or ministry. In short, for most of its post-revolutionary period, politics in the Islamic Republic has been marred by systematic disarray as there are various centers of power and many sources of authority.[35] As one observer noted, “that's the essence of the problem -- there are so many competing factions, and so many checks built into the system, that sometimes nobody seems to be steering the ship of state.” [36]
Factional
politics is not solely the domain of the elite within the Iranian polity, but
has diffused itself down to Iranian society as well. In fact, divergent
segments of society have taken sides in the ongoing dispute among the political
elite by supporting one faction or another. For instance, the merchants of the
bazaars and the orthodox clergy, along with the conservative elements of the
country support the traditional right faction, whereas,[37]
the university students and religious intellectuals tend to back the left and
were supporters of the former president Mohammad Khatami.[38] A
notable example of how society has encroached on the factionalism of the state
was demonstrated through the election of the reformist candidate Khatami in the
presidential elections in 1997, over the wishes of the conservative
“establishment,” whom favored the candidate Nateq-Nouri.[39] And despite the fact that “the regime has
installed systemic filters to prevent “unfit” elements from running for office [40],
all of the officials of the regime, including the leader himself, are either
directly or indirectly elected by popular vote for those who survive the
institutional filters.” [41] Of
course Khomeini was the exception to this rule, given the fact that his power,
authority, and most importantly charisma overshadowed all institutions and legal
procedures. And since his demise no one person or group in has had enough power
or popularity to influence the course of events in
Political Structure
As
a regime based on Islamic values and populism, not to mention revolutionary doctrine,
the state is comprised of institutions that incorporate and execute such principles.
However, it should not be assumed that political power in the regime is
distributed equally. In fact, there is a hierarchical distribution among state
institutions, whereby some institutions are privileged, and thus yield more
power and influence than others.[42] The
Iranian constitution, through its disregard for the principles of separation of
power and equality before the law, permits the more powerful institutions to
legally trample upon the course of action taken by other institutions they deem
of lesser importance within the regime’s hierarchy.[43] As
a result, the different factions in the political establishment in
In
spite of the fact that
In addition to the formal political structure of the regime, there also co-exists an informal power structure, through which various influential individuals assert their power. Their power comes from a multitude of various organizations, like revolutionary foundations known as bonyads[47] to the diverse security bodies.[48] The importance of these diverse entities should not be discounted, given the fact that they constitute an important part of the power base of the system and its ideological underpinnings. Irrespective of whether an individual or group belongs to the formal or informal section of the power structure, they are all governed by an Islamic revolutionary leadership elite consisting of Shi’a clergy and religious laypersons.
Position of Supreme Leader and
President
The constitution that was passed in November
1979 through a referendum not only laid the foundation of a theocracy, but made
the supreme leader, also known as the wiliyat
e faqih, the fountainhead of the Iranian political system.[49] So
while in a republican system of government, the highest political official
tends to be the president, given the Islamic nature of the republic, this is
not the case in
One scholar explains the logic behind the legitimacy of clerical rule according to Khomeini,
“Divine guardianship of the Islamic community is delegated directly first to the Prophet, then to the Imams, and finally during the occultation of Imam Mahdi to the just fuquha. The vali-ye-faqih would in turn rule according to the interest (maslahat) of the community as he saw them. Given this succession, it is the religious duty of all Muslims to accept the reign of their religious guardians, the ulama. In such a system, Muslims willingly give up their sovereignty and rights and relegate them to the foqaha. In other words, with the explicit consent of the public, the sovereignty and authority of clerical rule take precedence over that of the people. For Khomeini, the clergy were clearly much more than custodians of the faith. In his view, the foqaha were perceived as not simply benign dispensers of advice and consent, but as real wielders of power.”[55]
By creating the institution of velayat-e-faqih[56] and making him the sole individual competent enough to be the ultimate source of authority, Khomeini was obviously ensuring the political order would remain Islamic. The supreme leader would ultimately act as a check against secular forces which attempted to undermine the Islamicity of the regime.
After the faqih or supreme leader, the constitution, states “after the
leader, the president is the highest official in the country.”[57] Initially
when the position was created it was more or less a ceremonial position. However,
the institution has evolved a great deal since the revolution. Through
constitutional revision in 1989, the position of prime minister[58],
which co-existed with the president, was eradicated due to unavoidable tension.
From then on, the responsibilities of the prime minister were inherited by the
president. Similar to the
The fact that former
president Khatami faced a plethora of obstacles in his attempts at reforming
the system[62],
reinforced the notion that the presidency was a weak institution. However, this
notion is somewhat misleading. The more accurate description was given by a political
analyst on Iranian television, which was once asked how much power does the
president have in
Constitutional Bodies
The political structure in
The Assembly of Experts, known
as Majles-e Khobregan, is a
constitutional body comprised of 86 clerics, who are entrusted with the task of
electing and supervising the supreme leader.[69]
The body meets every six months and meetings are confidential. Members of the
body are elected through popular election for a term of eight years. However,
the next term will last ten years “due
to the ‘election aggregation’ plan of
Elections for this body are set to take place on December 15, 2006.[71]
Generally, public participation for this body tends to be low, however this
upcoming election is extremely important because one of the regime’s most hard-line
figures is currently running to become head of this assembly and has a very
high chance of winning. This figure is Ayatollah Taqi Mesbah-Yazdi [72],
who is well-known in
Another constitutional body is the Council of Guardians, known as Shurah Negahban, which is comprised of
twelve jurists, half of which are clerics, and the other half are lawyers.[75]
The council is extremely powerful because it possesses veto power over all
legislation approved by the Parliament. This body is entrusted with the task of
ensuring all laws are compatible with Islamic law. If the council decides a law
is not compatible with Islamic law, it will send the piece of legislation back
to the parliament for revision. If the council and parliament eventually cannot
decide on a case, it will be referred for final decision to another body known
as the Expediency Council.[76]
This body is also very powerful because it possesses the sole power to
determine whether candidates can stand for election in all the other
constitutional bodies. It is this aspect of the system which many people call un-democratic.
The fact that a certain body can deem certain elements “fit” or “unfit” to run
for office tends to go against democratic principles. The regime claims this is
to ensure that elements meet Islamic criteria, but often this vetting process
can become a convenient political tool to close the electoral process to
political opponents. This became the case when the Council forbid thousands of
reformist candidates from running for the seventh parliamentary elections in
2004.[77]
The Parliament, known as the Majlis in
The last constitutional assembly is the Expediency Council, known as Majam e Tashkise Maslahat e Nezam, which literally means the assembly of determining what is in the best interests of the regime.[81] The body consists of 34 members, which are all appointed by the Supreme Leader. It was created in 1988 by Ayatollah Khomeini as an arbitration body to resolve disputes between the parliament and the Guardian Council. The decision of this body is binding. The body also has a secondary function, which is to consult the supreme leader in accordance to Articles 110 and 112 of the Constitution. It is this function which makes the body a powerful institution. It has made such important consultations such as in helping end the Iran-Iraq war and is a body that has thus become prone to passing “emergency legislation.”
Military
According to the
The regular armed forces has three
branches, ground forces, air forces, and navy. The IRGC, known as Sepah e
Pasdaran is “separate from, and parallel to, the Iranian army.”[85]
They consist of five branches and are equipped with their own special forces (Qods
forces), ground forces, air force, navy, and the most important the Basij,
which is a paramilitary force.[86]
Next
to the Revolutionary Guards, the Basij militia is the most powerful
paramilitary organization in
Revolutionary Foundations
Another way, political
factions contend for power and influence in the Islamic Republic is through
control of revolutionary institutions, known as bonyads.[95] Initially, known as
Iranian charitable trusts after the revolution, they were set up during the
time of the Shah to channel money to his own personal fortunes. After the
revolution, the goal of these institutions “was to work alongside the government to deal with
the socioeconomic and spiritual needs of the population at large, and safeguard
the religious and revolutionary principles of the new regime.”[96]
However, given the fact that these organizations are not accountable to the
regime, bodies such as the Foundation of the Dispossessed, have collected so
much socio-economic and political power today that they act quite autonomously
from the political system. Rather than serving its original noble cause, the Foundation
of the Dispossessed accrued so much wealth, that today it resembles a business
enterprise rather than a revolutionary body. And even though many of these
institutions act autonomously from the state, they are considered governmental
bodies. [97] In fact, they receive a significant
amount of their funding from the annual budget. And despite the fact that it gets government
funding, the central government exercises very little, if any control over
them. Not only do they receive government funding, but these foundations are
tax exempt and only answer to the Supreme Leader. These institutions are so
powerful that they are often referred to as states within the state. Among the
most powerful of these organizations include the Foundation of the Dispossessed,
Imam Khomeini’s Relief Committee, the Fifteenth of Khordad Foundation and the
Martyrs Foundation. [98]
US-Iranian
Relations
The triumph of the Islamic revolution in
1979, marked a dramatic turning point in US-Iranian relations, whereby
the two countries have not had relations ever since. Since the inception of the Islamic Republic of
Iran, the
The
fact that the
“In our haste to lash out at those who attacked us on September 11, 2001, we forget that Iran not only condemned the attacks, as did its Hezbollah allies in Lebanon, but that it nearly fought a war against Afghanistan's Taliban and their Al Qaeda allies in the late 1990s. There is no greater potential ally in the struggle against Sunni extremism than Shiite Iran.”
It appears the
epithet struck a blow in the opportunity to realize how the presence of a
common enemy could have united the two nations and maybe even build trust. Indeed,
an advisor to the Iranian president at the time told reporters “
The
former Iranian president, Mohammad Khatami, of
In
constructing a viable strategy toward
The
American policy of accommodation would indeed
signal to
In May 2006, Secretary of State
Condoleezza Rice took a big step in
Despite
the utility of multilateral talks[127], the
best way to forge a lasting relationship of sorts and make any meaningful
progress with
“In addition to
significantly reducing the risk of a disastrous conflict, it would do more to
encourage moderation and peace in the region than any amount of saber-rattling
could ever hope to accomplish. And it would do more to help
Now,
while the
“Progress on any one track
should not be necessarily contingent on the others. For instance, if the
In the end,
Conclusion
Almost three decades have
passed since the revolution and its people and leaders are deeply divided about
the country’s future. Numerous political groups and factions co-exist and
all sorts of political infighting occur over every imaginable issue facing
[1] http://en.wikipedia.org/wiki/Magna_Carta
[2] http://www.bbc.co.uk/history/historic_figures/mary_ii_of_orange_queen.shtml
[3] http://www.bbc.co.uk/dna/h2g2/A523450
[4] http://www.pbs.org/newshour/bb/middle_east/may97/iran_5-26.html
[5] http://www.cfr.org/publication/9199/takeyh.html?breadcrumb=default
[6] Vali Nasr, Iran’s Peculiar Election: The Conservative Wave Rolls On, Journal of Democracy, Volume 16, Number 4, (October 2005)
[7]
[8] http://www.tau.ac.il/dayancenter/mel/banuazizi.htm
[9] Hooshang
Amirahmadi, Emerging Civil Society in
[10] Vali Nasr, Iran’s Peculiar Election: The Conservative Wave Rolls On, Journal of Democracy, Volume 16, Number 4, (October 2005).
[11]
[12] http://en.wikipedia.org/wiki/Persian_Constitutional_Revolution. Significance of this event is in the fact that the country’s first constitution was promulgated.
[13] I use the term nation-building here to mean the same as state-building
[14] Vali Nasr, Iran’s Peculiar Election: The Conservative Wave Rolls On, Journal of Democracy, Volume 16, Number 4, (October 2005)
[15]
[16] http://news.bbc.co.uk/2/hi/middle_east/2398329.stm,
Abbas Abdi, a prominent Iranian journalist conducted a poll and found that over
75% of Iranians favor restoration of ties with the
[17] Charles Kurzman, Structural Opportunities and Perceived Opportunities in Social-Movement Theory: Evidence from the Iranian Revolution of 1979, American Sociological Review, Volume 61, 153-170, (1996)
[18]
[19] Cheryl
Benard &
Zalmay Khalilzad, The Government of God -
[20] http://en.wikipedia.org/wiki/Secular, “Proponents of secularism have long held a general rise of secularism in all the senses enumerated above, and corresponding general decline of religion in what are deemed 'secularized' countries, to be the inevitable result of the Enlightenment, as people turn towards science and rationalism and away from religion and superstition.”
[21] http://www.eliamep.gr/eliamep/files/PN05.07.Simoglou9612.pdf
[22] Theda
Skocpol, States and Social Revolutions: A
Comparative Analysis of
[23] R.K.
[24] http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP82504
[25] http://www.opendemocracy.net/debates/article-3-128-2413.jsp
[26]
Wilfried Butchta, Who Rules
[27] http://www.critiquejournal.net/iran32-33.pdf
[28] It should be noted that the left upheld such radical views throughout most of the post revolutionary years, but has greatly moderated its views since the election of Khatami, who belongs to this faction.
[29] http://www.photius.com/countries/iran/government/iran_government_concept_of_export_of~283.html
Sources: The Library of Congress Country Studies; CIA World Factbook
[30] http://en.wikipedia.org/wiki/Sharia, Sharia refers to body of Islamic law.
[31] http://www.dayan.org/mel/banuazizi.pdf
[32]
[33] http://www.meib.org/articles/0402_iran1.htm
[34] http://www.merip.org/mer/mer233/khosrokhavar.html, Ahmadinejad’s beliefs correspond to this new fundamentalist faction
[35] http://www.dayan.org/mel/banuazizi.pdf
[36] http://www.washingtonpost.com/wp-dyn/content/article/2006/09/07/AR2006090701615.html
[37] http://www.merip.org/mero/mero020101.html
[38] http://www.middle-east-online.com/English/?id=18741
[39] http://www.cnn.com/WORLD/9705/iran.elex/background.html
[40] The Guardian Council is constitutionally empowered to supervise all parliamentary and presidential elections and determine whether candidates are “Islamically fit” to run for office.
[41]
Wilfried Butchta, Who Rules
[42] Hooshang Amirahmadi, Emerging Civil Society in Iran, SAIS Review, Volume 16, Number 2, (Summer-Fall 1996)
[43]
[44]http://news.bbc.co.uk/hi/english/static/in_depth/middle_east/2000/iran_elections/iran_struggle_for_change/who_holds_power/
[45]
[46]http://en.wikipedia.org/wiki/Hashemi_Rafsanjani, Hashemi Rafsanjani is a perfect example of this fact
[47] http://en.wikipedia.org/wiki/Bonyad
[48] http://www.meib.org/articles/0202_me2.htm
[49] http://www.iranchamber.com/history/islamic_revolution/revolution_and_iran_after1979_2.php
[50] Article
112, The Constitution of the Islamic
[51]
[52] http://en.wikipedia.org/wiki/Mahdi, The 12th Imam is Imam Mahdi
[53] http://en.wikipedia.org/wiki/Faqih, Faqih is one who is an expert in Islamic law
[54] http://en.wikipedia.org/wiki/Grand_Ayatollah
[55] Hamid Algar, Islam and Revolution: Writings and Declarations of Imam Khomeini, 145 (Mizan Press, 1981).
[56] http://en.wikipedia.org/wiki/Guardianship_of_the_jurists_(doctrine)
[57] Article
113, The Constitution of the Islamic
[58] http://en.wikipedia.org/wiki/Prime_Minister_of_Iran, Actual executive power was vested initially in this position as opposed to the presidency
[59] http://www.mporg.ir/
[60] In accordance to Article 176, The Constitution of the Islamic Republic of Iran (Translated by Hamid Algar, Mizan Press, 1980).
[61] http://www.iranonline.com/iran/iran-info/Government/Supreme-National-Security-Council.html
[62] He faced these obstacles primarily due to the opposition of the conservative establishment who holds the “real power”
[63] http://www.guardian.co.uk/iran/story/0,12858,1607322,00.html
[64] http://www.rferl.org/featuresarticle/2005/11/a4f01612-219e-4f62-9c8b-5854e9f883ba.html, Ahmadinejad and his faction, belong to the second generation of revolutionaries, where there primary experiences were shaped in the 8 year war and not the revolution itself.
[65] http://www.forbes.com/global/2003/0721/024.html
[66]
[67] http://www.mideastmonitor.org/issues/0604/0604_3.htm
[68]
[69] http://en.wikipedia.org/wiki/Assembly_of_Experts
[70]
[72] http://en.wikipedia.org/wiki/Mohammad_Taghi_Mesbah_Yazdi
[73] http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/11/19/wiran19.xml
[74]
[75] http://en.wikipedia.org/wiki/Guardian_Council
[76] http://en.wikipedia.org/wiki/Expediency_Discernment_Council
[77] http://news.bbc.co.uk/2/hi/middle_east/3389017.stm
[78] http://en.wikipedia.org/wiki/Majlis_of_Iran
[79] http://memory.loc.gov/cgi-bin/query/r?frd/cstdy:@field(DOCID+ir0130)
[80] http://en.wikipedia.org/wiki/Majlis_of_Iran, See Bottom Chart
[81] http://en.wikipedia.org/wiki/Expediency_Discernment_Council
[82] http://www.globalsecurity.org/wmd/library/news/iran/2006/iran-060531-irna03.htm
[83] http://www.payvand.com/news/06/jun/1011.html
[84] http://www.spacewar.com/reports/Iran_Favors_Asymmetric_Strategy_In_Joust_With_US_999.html
[85] http://en.wikipedia.org/wiki/Islamic_Revolutionary_Guards_Corps
[86]
[87] http://en.wikipedia.org/wiki/Military_of_Iran
[88]
[89] http://en.wikipedia.org/wiki/Hezbollah_military_activities
[90] http://www.globalsecurity.org/intell/library/congress/1996_hr/s960523t.htm
[91] http://www.theglobalist.com/DBWeb/StoryId.aspx?StoryId=2269
[92] http://www.irib.ir/Occasions/Basij%5CBasij%20en.HTM
[93] http://en.wikipedia.org/wiki/Basij
[94] http://www.globalsecurity.org/intell/world/iran/basij.htm
[95] http://en.wikipedia.org/wiki/Bonyad
[96] http://www.forbes.com/forbes/2003/0721/056_print.html
[97] They are accorded legal status as defined by the constitution in article
[98]
Wilfried Butchta, Who Rules
[99] http://www.brookings.edu/comm/policybriefs/pb87.htm
[100] http://www.state.gov/p/nea/ci/c2404.htm
[101] http://www.nydailynews.com/news/ideas_opinions/story/475729p-400222c.html
[102] http://www.sana.org/eng/22/2006/11/29/89586.htm
[103] http://www.chinadaily.com.cn/english/doc/2006-03/10/content_530887.htm
[104] http://www.atimes.com/atimes/Middle_East/GE24Ak01.html
[105] http://www.whitehouse.gov/news/releases/2002/01/20020129-11.html
[106]
Ervand Abrahamian, Inventing the
Axis of Evil: The Truth About
[107] http://www.parstimes.com/history/khatami_speech_un.html
[108] http://www.ft.com/cms/s/fca13716-3c69-11db-9c97-0000779e2340.html
[109] Jerrold Green, Iran’s Foreign Policy: Between Enmity and Conciliation, Current History, 16 (January 1993)
[110] The Treaty on the Non-Proliferation of Nuclear Weapons
[111] http://www.armscontrol.org/act/2003_12/MillerandScheinman.asp
[112]
[113] http://www.globalsecurity.org/wmd/library/news/iran/2005/iran-050812-irna06.htm
[114] http://www.carnegie.ru/en/pubs/media/69447.htm
[115] http://www.globalsecurity.org/intell/library/congress/2006_rpt/iran-report_060822v2.htm
[116] http://www.motherjones.com/news/qa/2005/01/kenneth_pollack.html
[117] http://www.cfr.org/publication/7319/
[118] http://www.motherjones.com/news/qa/2005/01/kenneth_pollack.html
[119]
[120] http://www.msnbc.msn.com/id/13123122/site/newsweek/
[121] http://www.ceip.org/files/projects/npp/pdf/Iran/iraniannuclearchallenge.pdf
[122]
[123] http://www.usip.org/isg/iraq_study_group_report/report/1206/index.html
[124] http://www.motherjones.com/news/qa/2005/01/kenneth_pollack.html
[125] http://www.crisisgroup.org/home/index.cfm?id=4143
[126] http://www.whitehouse.gov/news/briefings/20010409.html
[127] http://www.atimes.com/atimes/China/HK14Ad02.html,
Such as in the case of
[128] http://english.people.com.cn/200503/04/eng20050304_175598.html
[129] http://www.brookings.edu/fp/saban/events/20061120.pdf
[130] http://www.ft.com/cms/s/0a8d3a54-fc65-11da-9599-0000779e2340.html
[131] http://www.thenation.com/doc/20061120/ritter/3
[132] http://www.cfr.org/publication/11484/responding_to_irans_nuclear_ambitions.html