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The Impact of the Iranian Constitution on the Law Making Power of the Parliament (Majlis)

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The Impact of the Iranian Constitution on the Law Making Power of the Parliament (Majlis) The University of Hull The Impact of the Iranian Constitution on the Law Making Power of the Parliament (Majlis) Being a Thesis submitted for the Degree of Doctor of Philosophy in the University of Hull By Hassan Vakilian MA (Law) University of Tehran March 2008 Abstract In this research the law making power of the Iranian parliament is studied at two levels: Firstly, the power of the parliament according to the Constitution is explored. Secondly its power in real politics is analysed. It is shown that the law making power of the parliament as an elected institution can be limited by the unelected institutions which are enshrined in the Constitution. Also the political composition of the elected institutions (parliament and executive) whether they are Conservative-dominated or Reformist-dominated, can define the actual law making power of the parliament. It is concluded that the law making power of the parliament oscillates on a spectrum: at one end there is a weak law making legislature and at the other end one can see a policy influencing legislature. The main content of the chapters is as follows: The first chapter is dedicated to introduction where the research questions and thesis methodology is explained. In the second chapter the most important literature, especially that which considers the external and internal variables and typology of legislatures, is reviewed. In the third chapter the historical evolution of the Iranian Parliament in the Qajar, First and Second Pahlavi Eras is briefly discussed. The fourth chapter is dedicated to the Iranian parliament in the Islamic Republic Era. The key concepts which can explain the logic of the distribution of power within the Iranian Constitution, the relationship of the parliament to the executive power (elected institution) and other power centres ( unelected institutions), and the type of the political regime on the basis of the amended Constitution of 1989, is explained. Theoretical propositions are tested in chapter five. II The Sixth and Seventh terms of the parliament, where the political composition changed fundamentally from one to the other, are chosen for case study and their law making power during the budget process analysed. The dichotomy of elected and unelected institutions is applied to the case in this chapter. Then the contribution of the elected and unelected institutions during the budget process is explained. The next part of this chapter considers the Sixth Majlis and its political context in general. The Majlis and executive interactions and the interaction of these two elected institutions with the Guardian Council and Expediency Council especially during the budget process, are analysed. The same approach is deployed for the Seventh Majlis which in terms of political composition was in stark contrast to the Sixth Majlis. It is shown how the political composition of the elected and unelected institutions can increase or decrease considerably the law making power of the Islamic Consultative Assembly. The overall conclusion of the thesis is provided in chapter six. III Acknowledgement First of all, I would like to express my deepest sense of gratitude to my supervisor Professor Lord (Philip) Norton, for his encouragement, patient and excellent advice throughout this research. I gratefully appreciate Dr Cristina Leston- Bandeira, whose book From Legislation to Legitimation provided me with the main framework of my thesis. My sincere thanks to Dr Mohammad Reza Khatami, former Head of the Research Center Institute of the Iranian Parliament and Dr Hassan Taee, the former Research Deputy of the Majlis Research Center (MRC), without whose support and attempts such an invaluable opportunity was impossible. I am thankful to Dr Behzad Porseyed, the former Head of the Legal Office of MRC, who helped me to commence this research in the first instance. I am very grateful to Dr Mohammad Rasekh, who gave me wise advice throughout my studies. I would like to give my special thanks to my dear friend Ahmad Markaz Malmiri, who helped and supported me in difficult times in a myriad of ways. I would like to express my gratitude to my friends Michael Azimi and Ali Asghar Sadeghi for their help and encouragement. I am thankful to Mr Ali Panahi, the Deputy of the Budget and Plan Office of MRC for his co-operation during my data collection process. I am also thankful to Dr Hosien Panahi and his family and Pedram Saeid and his wife for their assistance. I am thankful to all people within the University of Hull, particularly in the Graduate School, who kindly helped me in various kinds of ways during these four years. IV I would like to thank my family. To my late father, who was the source of inspiration throughout my studies and wished to witness these days. To my kind mother, my sisters and bothers, specially Timor and Fatemeh who supported me in many different ways. I take this opportunity to extent my gratitude to my wife‟s family specially my mother in- law. Finally, I would like to express my thanks to my dearest wife, without her love, patience and support this research would not be possible. This thesis dedicated to my wife, Ameneh. V Table of Contents Abstract ..................................................................................................................................... II Acknowledgement .................................................................................................................. IV List of Tables .......................................................................................................................... IX List of Figures ........................................................................................................................ XII Chapter One: ............................................................................................................................... 1 Introduction ................................................................................................................................. 1 1. Aims and purposes of this research ....................................................................................... 2 2. Questions of this research ..................................................................................................... 3 2.1. Preliminary questions ..................................................................................................... 3 2.2 Main question of the research ......................................................................................... 7 3. Hypotheses of the research ................................................................................................... 8 4. Method of the research ........................................................................................................ 10 5. Structure of the thesis .......................................................................................................... 13 Chapter Two: ............................................................................................................................ 17 Literature Review ..................................................................................................................... 17 1. Literature review of constitutions and constitutionalism .................................................... 18 1.1Definition of constitution ............................................................................................... 22 1.2 Typology of constitutions ............................................................................................. 23 1.2.1 Guarantee constitutions ............................................................................................. 25 1.2.2 Nominal constitutions ................................................................................................ 26 1.2.3 Façade constitutions .................................................................................................. 26 1.2.4 Contradictory constitutions ........................................................................................ 26 2. Literature review of legislative studies ............................................................................... 28 2.1 Definition of legislature ................................................................................................ 29 2.2 Internal and external environment of legislatures ......................................................... 34 2.3 Typology of legislatures................................................................................................ 36 2.4 Literature review of the Iranian parliament .................................................................. 40 Chapter Three: .......................................................................................................................... 52 Iranian Parliament in Historical Perspective: ........................................................................ 52 Qajar, First and Second Pahlavi Eras ..................................................................................... 52 1. Introduction ......................................................................................................................... 53 2. Iran: overview ..................................................................................................................... 53 2.1 Political system ............................................................................................................. 54 VI 2.2 Population and minorities ............................................................................................
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