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Iran and the Constitutionalism: History and Evolution and the Impact on International Relations Farshad Ghodoosi Fghod001@Fiu.Edu Florida International University FIU Digital Commons FIU Electronic Theses and Dissertations University Graduate School 3-28-2018 Iran and the Constitutionalism: History and Evolution and the Impact on International Relations Farshad Ghodoosi [email protected] DOI: 10.25148/etd.FIDC004078 Follow this and additional works at: https://digitalcommons.fiu.edu/etd Part of the Constitutional Law Commons, International Relations Commons, Islamic Studies Commons, and the Near and Middle Eastern Studies Commons Recommended Citation Ghodoosi, Farshad, "Iran and the Constitutionalism: History and Evolution and the Impact on International Relations" (2018). FIU Electronic Theses and Dissertations. 3720. https://digitalcommons.fiu.edu/etd/3720 This work is brought to you for free and open access by the University Graduate School at FIU Digital Commons. It has been accepted for inclusion in FIU Electronic Theses and Dissertations by an authorized administrator of FIU Digital Commons. For more information, please contact [email protected]. FLORIDA INTERNATIONAL UNIVERSITY Miami, Florida IRAN AND CONSTITUTIONALISM: HISTORY AND EVOLUTION AND THE IMPACT ON INTERNATIONAL RELATIONS A dissertation submitted in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY in INTERNATIONAL RELATIONS by Farshad Ghodoosi 2018 To: Dean Michael R. Heithaus College of Arts, Sciences and Education This dissertation, written by Farshad Ghodoosi, and entitled Iran and Constitutionalism: History and Evolution and the Impact on International Relations, having been approved in respect to style and intellectual content, is referred to you for judgment. We have read this dissertation and recommend that it be approved. _______________________________________ Félix E. Martín _______________________________________ Thomas A. Breslin _______________________________________ Iqbal Akhtar _______________________________________ Mohiaddin Mesbahi, Major Professor Date of Defense: March 28, 2018 The dissertation of Farshad Ghodoosi is approved. _______________________________________ Dean Michael R. Heithaus College of Arts, Sciences and Education _______________________________________ Andrés G. Gil Vice President for Research and Economic Development and Dean of the University Graduate School Florida International University, 2018 ii ABSTRACT OF THE DISSERTATION IRAN AND CONSTITUTIONALISM: HISTORY AND EVOLUTION AND THE IMPACT ON INTERNATIONAL RELATIONS by Farshad Ghodoosi Florida International University, 2018 Miami, Florida Professor Mohiaddin Mesbahi, Major Professor The sweeping changes in the Middle East, so-called the “Arab Spring”, necessitate revisiting constitutionalism in the region. This task entails a fresh look at the idea of rule of law and constitutionalism amongst the people of the Middle East. One of the widely misconceived and yet understudied constitutional movements in the Middle East belongs to Iran. A new perspective on the trajectory of constitutionalism in Iran would better equip us to comprehend rule of law in the Middle East. From the 1905 Constitutional movement to the 1979 Revolution, Iran has undergone major changes. Each transformation created a rupture with the preceding order fostering a fresh look at rule of law in Iran. The current studies have mainly concentrated on the political and social aspects of these groundbreaking events. The legal aspect of each of event has remained largely unnoticed and under-researched. It is important to fill the gap by focusing on the role of constitutions, despite its shortcomings, and international commitments of states using Iran as an example. The iii objective is to bring to the fore the role constitutionalism plays in incentivizing states to enter into international commitments and to comply with their international commitments. More than before, the mutual relationship between constitutionalism and international relations is intertwined because of two main developments: a. for better or worse, international relations have become increasingly judicialized, meaning all aspects of inter-state interactions are now subject to some normative regimes; b. more than ever, states feel the need to structure their domestic and inter-state relationship by resorting to a normative structure which is best materialized in constitutions. Using Iran as an example, this dissertation aims to fulfill the following: First, it is critical to understand whether a state is a constitutional state and whether its domestic power relations are subject to any checks and balances (broadly speaking). By reviewing Iran’s recent history through this lens, the dissertation shows that Iranian’s legal culture presents (a version of) constitutionalism. Second, it is critical to understand whether constitutionalism leads to any differences in the international behavior of such a state. Based on its constitutionalism, Iran’s international behavior has been premised on legalistic and juridical grounds. iv v TABLE OF CONTENTS CHAPTER ...................................................................................................... PAGE INTRODUCTION .................................................................................................. 1 Research Methodology .................................................................................................... 6 I. Theoretical Framework........................................................................................ 8 A. Role of Constitutions ...................................................................................................... 8 B. Constitutionalism .......................................................................................................... 10 C. Judicialization of International Relations ..................................................................... 13 D. Constitutionalism in International Relations ................................................................ 18 E. Why Iran? ...................................................................................................................... 21 1. Duration of the constitution: ..................................................................................... 23 2. Islamic supremacy clauses ........................................................................................ 24 3. Early constitutional movement in the region ............................................................ 25 4. New constitutional movements in the region ............................................................ 26 5. Interaction with international law ............................................................................. 26 6. Iran Deal .................................................................................................................... 27 F. Structure of the Discussion............................................................................................ 28 II. Sparking the Flame: Revolution ....................................................................... 32 A. Revolt against Despotism ............................................................................................. 32 B. Structure of the Revolution ........................................................................................... 37 III. Legalizing the Revolution: Drafting ............................................................... 48 A. Battle of Drafts ............................................................................................................. 48 1.Paris Draft .................................................................................................................. 48 2. Tehran Draft .............................................................................................................. 49 3. Transition Government Draft .................................................................................... 50 4. Revolutionary Council Draft ..................................................................................... 52 B. The Assembly of Constitutional Experts ...................................................................... 54 IV. Reassurance of Revolutionaries: Establishing ................................................ 64 A. Network ........................................................................................................................ 65 B. Ultimate Arbiter ............................................................................................................ 75 C. Emergence of Dualism .................................................................................................. 81 V. End of Charisma: Institutionalizing ................................................................. 89 A. Rift in Iranian Politics ............................................................................................... 90 B. Succession Crisis .......................................................................................................... 96 C. Constitution Amendment ............................................................................................ 101 D. Asymmetrical Constitution ......................................................................................... 108 VI. International Agreements as a Balancing Factor .......................................... 110 1. Algerian Accords ......................................................................................................... 111 2. Oil Platform Case .......................................................................................................
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