Tuesday, May 03, 2005

Iran, Facts and Schemas III

Legal System
Iran's legal tradition is civil law. The below chapters will clarify the Iranian Constitution's principles.

Constitution

The constitution includes 14 chapters and 177 articles. The titles of the chapters are as follow:
Chapter 1 - Generalities
Chapter 2 - Official language, script, calendar and flag
Chapter 3 - Rights of the nations
Chapter 4 - Economy and financial matters
Chapter 5 - Nation's right of sovereignty and the powers arising there from
Chapter 6 - The Legislature
Chapter 7 - Councils
Chapter 8 - Leadership
Chapter 9 - The Executive
Chapter 10 - Foreign policy
Chapter 11 - The Judiciary
Chapter 12 - Radio and television
Chapter 13 - National security high council
Chapter 14 - Review in the Constitution
According Article 4: "All laws and regulations including civil, criminal, financial, economic, administrative, cultural, military, political or otherwise, shall be based on Islamic principles."
However, Article 4 directly contradicts Article 6, which declares, "In the Islamic Republic of Iran the affairs of the State shall be managed by relying on public opinion, through the elections such as the election of the President, representatives of the Majlis (Islamic Consultative Assembly), members of councils and the like, or through referendum in cases set forth in other articles of this law."
I think in comparison with other laws after the revolution, the Constitution is a liberal legal document. Sadly, lack of rule of law is cause of why some of the articles of Constitution are not practicing any more.

Separation of Powers
According Constitution, the powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute religious Leader and the Leadership of the Ummah( People ), in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.

Leader
Article 113 of Constitution held that Leader is the highest official state authority . He is chosen by the Leadership Experts . Article 110 figures out the leadership power and duties:
Delineation of the general policies of the Islamic Republic of Iran after consultation with the Nation's Exigency 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 the mobilization of the Armed Forces.
Appointment, dismissal, and resignation of:
the religious men on the Guardian Council,
the supreme judicial authority of the country,
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 wings of the Armed Forces and regulation of their relations.
Resolving the problems which cannot be solved by conventional methods, through the Nation's Exigency Council.
Signing the decree formalizing the election of the President of the Republic by the people. The suitability of candidates for the Presidency of the Republic, with respect to the qualifications specified in the Constitution, must be confirmed before elections take place by the Guardian Council, and, in the case of the first term of a President, by the Leadership.
Dismissal of the President of the Republic, with due regard for the interests of the country, after the Supreme Court holds him guilty of the violation of his constitutional duties, or after a vote of the Islamic Consultative Assembly testifying to his incompetence on the basis of Article 89.
Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, on a recommendation from the Head of judicial power.
The Leader may delegate part of his duties and powers to another person.
If the Leader goes beyond the Constitution using Islamic issues for justification, no one is empowered oppose him. A recent example of this scenario occurred when the Leader wrote a letter to the members of Majlis prohibiting them from passing a new act concerning press regulations. This order fell outside the scope of the leader's authority and encroached on Majlis' function, but no one, not even the President, could do anything.

Exacutive Branch
Regarding Article 114 The President shall be elected by the direct vote of the people for a four year term of office. His consecutive re-election shall be allowed only for one term. After the office of Leadership, the President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive, except in matters directly concerned with the office of the Leadership.

Legislative Branch
The Islamic Consultative Assembly is constituted by the representatives of the people elected directly and by secret ballot.( A.62) The term of membership in the Islamic Consultative Assembly is four years. Elections for each term must take place before the end of the preceding term, so that the country is never without an Assembly.(A.63)According Article 64, 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.
The Zoroastrians and Jews will each elect one representative; Assyrian and Chaldean Christians will jointly elect one representative; and Armenian Christians in the north and those in the south of the country will each elect one representative. The Islamic Consultative Assembly can establish laws on all matters, within the limits of its competence as laid down in the Constitution and International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly international treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly.

Judiciary Branch
The Constitution held that : The judiciary is of vital importance in the context of safeguarding the rights of the people in accordance with the line followed by the Islamic movement, and the prevention of deviations within the Islamic nation. Provision has therefore been made for the creation of a judicial system based on Islamic justice and operated by just judges with meticulous knowledge of the Islamic laws. This system, because of its essentially sensitive nature and the need for full ideological conformity, must be free from every kind of unhealthy relation and connection (this is in accordance with the Koranic verse "When you judge among the people, judge with justice"
According Article 156 of Constitution: The judiciary 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:
investigating and passing judgment on grievances, violations of rights, and complaints; the resolution of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine;
restoring public rights and promoting justice and legitimate freedoms;
supervising the proper enforcement of laws;
uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting the penalties and provisions of the Islamic penal code; and
taking suitable measures to prevent the occurrence of crime and to reform criminals

1 Comments:

At Friday, December 30, 2005, Blogger Tony said...

I've really enjoyed reading your blog. Very interesting.

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Come visit sometime :)

 

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