<< When ever in the history of Islam has seen a parliament, a president, a prime minister and a government? 80% of what we do is unprecedented in the history of Islam. >> (Ali Akbar Hashemi Rafsanjani, speech to the Majles, 1991)
In fact, the structure of Iran, for the way in which power is concentrated in the hands of the Supreme Leader, more reminiscent of the Fifth Republic by Charles de Gaulle that the classic model of the Islamic caliphate and the particularities of the Constitution of the Islamic Republic lies in the fact that these must be seized by the comparison with other constitutions of other Islamic countries. This paper takes up the constitutional division of powers promoted by the French philosopher Montesquieu, according to which, in order to guarantee the freedom and the powers of the State shall be divided between different organs. In fact, in the 1979 Constitution are combined in an original elements laity, European-style, with key elements of the Islamic state, and this clearly shows the basic contradictions. First, the very concept of the Constitution (law, sovereignty of the people, the rights of the nation, legislative, executive, judiciary, parliament, etc..) Is taken up by the full European tradition but with the merger with the concepts of the Koran is called system constitutional, but in the sense that the rules are subject to a set of conditions defined in the Qur'an and Sunnah of the Prophet, with a series of checks and balances that affect every single article about the freedom of the people. Even this figure is enough to reveal its deep internal contradictions basic constitutional principles Iranians.
An absolute novelty in the Islamic world is the third part of the Iranian Constitution, completely dedicated to the recognition and guarantee of the "rights of the people": in fact, are recognized belonging to the Islamic tradition, the concepts of "individual rights" and "freedom of action". But not to betray precisely the ultimate aim of maintaining power in the hands of the clergy, these rights have unusual forms of protection that emerge from the analysis of the technique of preparation of the standard. In fact, this catalog of rights and individual freedoms have limitations that make it a unique example in the world and different from all the existing constitutions: the rules on paper are formulated so as to be able to "deny" themselves, we deduce that the technique used , called "normative rinnegante" also present in other jurisdictions, here it differs from them for the gradation of "denial".
In fact, after a careful reading of the Iranian Constitution emerges as a catalog of the rights of the people and the individual is limited to "only when required by law" and with the limitations arising from the conflict with the overall set of Islamic principles, which, of course, have crystallized in a regulatory act and change in interpretation according to the jurist, who is secular or religious, which analyzes and consequential may change according to the interpretation of the individual and of the moment. In fact, every freedom (press, association, religion, etc..) Is guaranteed "provided it does not offend the fundamental principles of Islam" or "provided that the choice is not contrary to Islamic precepts" or if "are not violated or offended freedom, 'independence and unity of the country.
Like the pro-communist constitutions of mold, the rights are fundamental to the achievements of goals and collective goals and not designed to safeguard the rights of the individual citizen (as is in the Italian Constitution).
Consequently, the exercise of rights and freedoms is left to the will of the ordinary legislature, which then has ample room for maneuver, and the individual judge called into question. However, although it may seem, as we have said, a way to disguise a dictatorship, the Iranian Constitution rather results in an optimistic outlook on a first step towards democracy, being the only case in the Islamic world, to define, at least in a primitive, certain rights of individuals, which in the future may even evolve and become stronger to the point of imposing an effective and real guarantee of them and preserve them for the benefit of the individual citizen.
All this leads to the clergy, in the figure of Rahbar (Supreme Leader), currently Ayatollah Ali Khamenei, to exercise its power and its influence "legally" over the Iranian territory, but not to betray the air that democratic was given to the country, the holder of the Government remains the President of the Republic. According to article 113 of the Constitution, the President of the Republic is the highest office in the country's official after the Supreme Leader.
Before the constitutional reform since 1989, the president ran the executive, the judiciary and the legislature and had the duty to appoint a Prime Minister. As seen in the previous paragraph, after the reform of the commission set up by Khomeini, the three traditional powers were assigned to the Supreme Leader and the President of the Republic were given the powers of the prime minister, so it is the holder of the government.
Article 115 of the Iranian Constitution provides that the president be chosen from among persons prominent in the political and religious, citizenship and Iranian origin, not necessarily belonging to the clergy but of undoubted Muslim faith, possess leadership skills demonstrated by previous experience policies and male (although the Constitution provides that it is exclusively a man, in fact in 2009 discussed the possible candidacy of a woman who did not take place, but it was the first attempt to open the discussion on the topic).
The president is elected by universal suffrage every four years, can remain in office for only two consecutive terms and can reapply possibly after a "pause" of four years. Take an oath before the National Assembly and commits in his speech to defend Islam, the Islamic Republic and the Constitution.
According to article 122 of the Constitution, he is liable for their decisions in front of the people who elected him and gave him the legitimacy to govern, but can be charged with impeachment by parliament and be discouraged and does not enjoy any immunity if it is placed in Stop by the judiciary because of a violation of constitutional rules or precepts of Islam. The President is Mahmoud Ahmadinejad, a former Tehran mayor, elected in 2005 and re-elected for a second consecutive term in 2009. The June 14, 2013 there will be elections and Ahmadinejad declared "servant" of the Islamic state, in fact, became famous for being the first president to kiss the hand of the Supreme Leader, can not be re-elected and then open up many scenarios for the future Iran. Already in 2009 the people loudly sided with the reformist candidate Mir-Hossein Mousavi, the last Prime Minister of Iran before the charge was repealed following the constitutional revision, challenging the re-election of Ahmadinejad and claimed that the elections had been falsified and these disputes erupted into events called "Green Movement" that ended with the death of the innocent student Neda Agha-Soltan and the arrest of the leader Mousavi.
This year, candidates are well 680 people, including a dozen women, but only a dozen will be considered valid, and currently the analyst outside the eye, the race is divided between two elements: Ali Akbar Hashemi Rafsanjani, and Esfandiar Rahim Mashaei.
Rafsanjani comes from a family of producers of pistachios and has been enriched with the real estate boom of the seventies, thus becoming one of the richest men in Iran. Chairman of the parliament from 1980 to 1989, 30 July 1989 fifteen million voters chose him as President of the Republic and was reappointed for a second term in 1993.
His watchword was "reconstruction" and, with respect to the backwardness of Khamenei, with the new president enrichment took a positive ethical value, justified by the fact that it was in close contact with representatives of the bazaar, the merchants. Rafsanjani was more concerned with economic than political ones, had to face the crisis due to the conflict with Iraq (the latter during the war, destroyed all the Iranian infrastructure, bombing factories, power plants, refineries and ports) and the problems arising Iranian socialist economy. The per capita income of the Iranians was decreased by 40% and was forced to subsidize the families of martyrs and to ration food. In doing so, the leaders of the Islamic Republic attuarono the principles on which it was based the oppressive regime.
Rafsanjani is now President of the Council for the discerning, who heads the disputes between the parliament and the Guardian Council, and from December 1997 is at the head of the Assembly of Experts that have the task to appoint the Supreme Leader.
Defeated in the 2005 elections by Mahmoud Ahmadinejad, Rafsanjani is focusing on religious studies and opening the way to becoming faqih. In doing so, it may one day become successor to the role of Supreme Leader Khamenei, Rahbar from the first white turban in Iran's history (the turbans blacks as Khamenei and Khomeini are belonging to a family of Seyed, ie family lineage with the Prophet Muhammad, while the ayatollahs with white turban can not boast such a line of blood). It seemed that he had no political intentions, but he came to prominence as a formidable candidate for the role of President.
On the other hand we have Esfandiar Rahim Mashaei. From the fairly recent political career, he began his career intelligence unit of the Revolutionary Guards and during this period he met Ahmadinejad which has become a close friend, was in fact the first Vice-President Ahmadinejad's first term, and currently the his most trusted adviser. His candidacy was strongly supported precisely by the current president and it is obvious that his dolphin, although like his mentor is not well received by world: the New York Times called it "a Mason, a spy foreign and heretical, is part of a current diverted who wants to dominate Iran without the mediation of the clergy. " Very serious allegations as Freemasonry in Iran is prohibited by the Constitution and its members are sentenced to death. But you think that Mashaei has much chance of winning as is said to be very intelligent and seemingly peaceful, while the other candidates are seen as "museum pieces" and not as people capable of leading Iran towards a new future, Mashaei is seen as the lesser evil. But to win Mashaei would mean continuing the policy against the world so far pursued by Ahmadinejad, with the risk that we find ourselves in a similar situation to Russia with the continuous exchange of powers as between Putin and Medvedev.
Summing up, on the one hand we find the old and powerful capitalist religious and on the other hand, we find that the new advances but that reflects the old. Whoever wins the point remains the same: in Iran, in one way or another, they win the ayatollahs.
Further evidence? On May 23, 20 days before the elections, the Guardian Council has made out of these two presidential candidates, for fear of the Supreme Guide of losing its stability (of course were also delete all women candidates), leaving only eight candidates, not all have a high political profile. Obviously Rafsanjani, a powerful and feared, and Mashaei, shoulders well covered, have already filed an appeal.
The eight remaining candidates are as follows:
Saeed Jalili, born in Mashad, 54. He fought the war between Iran and Iraq in the ranks of the volunteer forces, bringing the amputation of a leg. In 1989 he joined as a civil servant at the Ministry of Foreign Affairs, and after a year he was elected director of policy planning. In 2001 it became part of the inner circle of collaborators of the Supreme Leader and in 2005 he became advisor to the new president, Mahmoud Ahmadinejad. In 2007 he was appointed to the post of Secretary of the Supreme National Security Council, replacing Ali Larijani, becoming a chief negotiator on the Iranian nuclear program. In an interview with the Financial Times Jalili said that "the Islamic revolution of 1979 still has much to offer to the Iranians and to the Muslim world," and added that "his future administration, in case of victory, will continue to meet its objectives of the Islamic Revolution and its principles in foreign policy, both in domestic politics "and noted that" Iran has the right to pursue its nuclear program is for peaceful purposes and essentially doctors, under the Nuclear Proliferation Treaty. "
Hassan Rowhani, born in Sorkheh, 65 years. He graduated in law at the University of Tehran, he continued his studies in law getting a doctorate at Glasgow Caledonian University in Scotland. Currently a member of the Expediency Discernment Council and the Assembly of Experts, covering the role of director of the Center of the Expediency Council for Strategic Research. Politically deployed among the ranks of the moderate and centrist. Critical of the policies of Ahmadinejad, stated that "My government will be the government of prudence and hope." According to rumors, might be the candidate that Rafsanjani, will support in the presidential race when his appeal was not allowed.
Gholam Ali Haddad Adel, who was born in Tehran, 66, graduated in physics at the University of Shiraz, and philosophy at the University of Tehran, where he was appointed professor of Western philosophy in 1985. Tile political activity for academic careers. Elected for four consecutive terms to Parliament, and is one of the closest associates of the Supreme Leader Khamenei also being related, in fact, the daughter is married to Mojtaba, son of Ayatollah Khamenei. He is a member of the Council for the Discernment. Member of the Conservative Party, presented his plan for revitalizing the national economy, divided into three phases: "In the first phase, the government will have to seek the support of economists Iranians", step two: "given the economic sanctions imposed by the West, Iran will have to demonstrate strength and not be bent by these "three phase" in the third stage, we would need a number of brave and courageous people capable of carrying out the necessary tasks and solve economic problems through skills " .
Mohammed Baqer Qalibaf, born in Torqabeh, 52 years. Appointed in 1996 Head of the Air Force until 2000, when he was appointed Chief of Police. He teaches at the University of Tehran, the oldest and most important of the country. Mayor of Tehran since 2005. It was established by Time "fascinating as a Bill Clinton Iranian and as a pious Muslim Bush," said that if the President will become his top priority will be the restoration of the national economy and the fight against unemployment. He stated that "The problems arise when progress slows and inequality dominates the Iranian youth should be given the opportunity to play a greater role in political and economic activities."
Ali Akbar Velayati: born in the village Rostamabad, 67, a medical doctor who specializes in pediatrics and infectious diseases at Johns Hopkins University. Currently he is a consultant for International Affairs to the Supreme Leader. He says that it is a priority the revival of the national economy, hit hard by Western sanctions, saying that "Everyone complains about the skyrocketing prices and the rate of inflation increases month after month and is around 30%, while the unemployment rate is nearly 24%, "and that therefore" Any economic plan will have to be decided by economists and the President shall not interfere with the financial and monetary policies. " As for Foreign Affairs, Velayati said that "our foreign policy should be changed, so that Iran can build better relationships in the future with other countries. If I am elected president, I will use my 16 years of experience as head of the Iranian diplomacy to ensure that this happens. "
Mohammad Reza Aref, who was born in Yazd, 61, PhD in Engineering Communication, Minister of Telecommunications and rector of the University of Tehran. Former vice-president under President Khatami.
Mohammad Gharazi, born in Isfahan, 69, engineer, and former deputy governor of the provinces of Kurdistan and Khuzestan. Oil Minister in 1981 and Minister of Telecommunications from 1985 to 1997.
Mohsen Rezaei, who was born in Masjed Soleyman, an ethnic Lor, 59 years old. Commander in chief of the Pasdaran in 1981, and since 1997 the Secretary of the Board for the determination of the interests of the state. Founder of two universities for the armed forces.
The current situation is this, the political weight of the eight candidates at first glance seems to be well balanced and it seems quite an election "democratic." One might expect more twists but in the meantime the clergy is winning again.
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