Centers of power of the Islamic Republic

Iran’s system of government is neither a full democracy nor a theocracy. Founding Supreme Leader Ruhollah Khomeini developed his animating doctrine, known as guardianship of the jurist, years before the establishment of the Islamic Republic in 1979. Khomeini postulated that a just government was possible if religious scholars sat at its apex to ensure compliance with Islamic law. This system was introduced through a constitutional referendum after the Islamic Revolution in 1979. The organs of the modern republic – the unicameral legislature (majlis), the executive branch headed by the president, and the judiciary – were surrounded by a bureaucratic system. (However, most of Iran’s clerical hierarchy remains outside this official structure, based in Qom rather than the capital, Tehran).

In recent years, the regime’s hardliners have further consolidated their power in these institutions. They have won control of parliament in each of the last two elections, neither of which were considered free and fair. The recent presidential election was also staged by the regime, and experts say the June 2024 vote, triggered by the sudden death of President Ebrahim Raisi, will be no different.

One factor that has remained constant is ultimate power supreme leader, a vigilante lawyer who, under the constitution, is effectively Iran’s leader for life. Iran’s constitution designates this office as head of state and grants him broad control under the theory that political power is derived from religious authority. Article 110 of the Iranian constitution (PDF) defines the main powers of this position. These include setting national policies and overseeing their implementation, as well as commanding the armed forces and appointing military commanders and the heads of the Islamic Revolutionary Guard Corps (IRGC) and the police. Khomeini’s successor, Ali Khamenei, was reported to have influenced the selection of the ministers of defense, intelligence and foreign affairs, as well as science, a sensitive position tasked with appointing university directors. Khamenei was president and commander of the IRGC before becoming supreme leader.

However, the supreme leader’s power is not absolute. It is chosen by Assembly of Experts, a body of eighty-eight directly elected jurists empowered by the constitution to oversee the supreme leader. In practice, however, they exercise oversight through a secret commission, and it is unclear whether they have ever attempted to meaningfully check Khomeini or Khamenei.

There are also informal restrictions on the supreme leader. This position is considered both an arbiter of Iranian politics and a source of emulation, so its guidelines are intended not only to chart the course for the republic but also to reflect a broader consensus among elites. Meanwhile, the supreme leader relies as much on the typical instruments of political power (PDF) – media control, patronage, etc. – as on the religious elements of his office to influence the government and society.

The answer to the supreme leader is Presidentwho serves as head of government. (Neither position is reserved exclusively for men, although the regime’s harmonized electoral authority has never allowed any woman to run for either position.) The president, who serves for a maximum of two four-year terms, is responsible for executing the country’s laws, setting policy within parameters set by the supreme leader, and conducting diplomacy on behalf of the state. He appoints cabinet members, who must be approved by parliament. He also proposes a budget, which must then be adopted through the normal legislative process. Like the tightly controlled vote that brought Raisi to power, the June 2024 elections will favor supporters of the conservative regime, writes CFR Iran expert Ray Takeyh.

The parliamentor majlis has 290 seats. Its members are directly elected to four-year terms according to geographical districts, with five seats reserved for religious minorities. The share of clergy members has decreased – from over 50%. in 1980 to 5.5 percent in 2020 – the number of people associated with the Revolutionary Guard increased. As a unicameral legislature, it has broad law-making powers.

This Guardian Council its task is to determine whether laws passed by parliament are permissible in the light of the constitution and Islamic precepts. Half of the council’s twelve members are theologians appointed by the supreme leader; the other half are lawyers elected by parliament. The Guardian Council also qualifies candidates for the Assembly of Experts, the president and parliament, giving it enormous influence in setting the parameters of Iran’s electoral democracy. In the 2016 general elections, the body approved only half of the candidates nominated for parliament and one fifth for the Assembly of Experts. It often eliminated reformist candidates for office. For example, in every presidential election since 2017, it has disqualified Mahmoud Ahmadinejad, a former president who clashed with Khamenei while in office.

Another body, Emergency Council, acts as an intermediary between Parliament and the Guardian Council. It was created by a decree in 1988 and then added to the constitution by amendment the following year. The supreme leader, who appoints council members to five-year terms, has since handed it the power to oversee the government. This body provides another avenue through which a supreme leader may choose to exercise greater authority over the government.

The Supreme National Security Council headed by the president and composed of the speaker of parliament and the chief judge, i.e. the heads of all three branches of government. The council also includes the military chiefs and the ministers of state, foreign affairs and intelligence, as well as two personal representatives of the supreme leader; therefore, it includes appointments by both the president and the supreme leader. Its constitutional provision is broad; is tasked with establishing a wide range of defense and security policies, responding to both foreign and internal threats.