Keywords = the Islamic Republic of Iran
Number of Articles: 8
An Analysis of the Difficulties in Revising the Constitution of the Islamic Republic of Iran

An Analysis of the Difficulties in Revising the Constitution of the Islamic Republic of Iran

Volume 27, Issue 1, Spring 2024, Pages 29-52

https://doi.org/10.22034/ssq.2024.395813.4051

Mohammad Aryanmanesh, farhad Darvishi sehtalani

Abstract  Introduction
In a nation-state, the constitution is often viewed as the most direct embodiment of the social contract. Legislators regard its amendment as a means to accommodate evolving needs and demands. While the 1979/1358 Constitution of the Islamic of Iran did not acknowledge revisions, the 1989/1368 version introduced the principle of revision under Article 177. However, despite over three decades passing and the rapid societal and global changes, this constitution remains unamended. The apparent disinterest in revision seems to stem more from the inherent challenges associated with the principle of revision itself, rather than a lack of changing circumstances. Previous studies have not thoroughly detailed the process of revision and the subsequent steps. Recognizing this gap, this paper identifies the challenges inherent in the constitution and proposes solutions to overcome the difficulties.
Methodology
This study employs an ‘Exploratory Research’ methodology, transforming seemingly ordinary issues into a central ‘problem’ that becomes the focus of subsequent investigations. The methodology of this research emphasizes a ‘thick description’ as a crucial initial step. Such a description aims to examine the context of events and interpret their significance. In describing the 'problem' of revising Iran's constitution, the researcher engages in discerning layers of meaning, reinterpreting them, as well as analyzing actions and dialogues that held significance for all individuals involved in the process of ratifying the Constitution.
The primary question of this study is: What problems impede the revision of the Iran constitution? Given the historical perspective and the nature of the question posed, a ‘thick description’ is employed to identify problems. By analyzing diverse data, the study aims to elucidate certain ‘problems’ encountered in the revision of the Constitution of the Islamic Republic of Iran.
Result and Discussion
As per Article 177 of the Constitution, amendments are made in necessary instances following specific procedures. As inferred from this article, the review process itself, along with the institutions and authorities involved in it, constitute some of the factors that pose challenges and complications in its implementation:
 
The authority initiating the constitutional revision process: As per the stipulations of the Iranian Constitution, a comprehensive revision cannot occur without the directive of the Supreme Leader. Essentially, without his consent, partial amendments are only possible in instances explicitly stated as exceptions by the law. Furthermore, while the Supreme Leader is obliged to seek the advisory opinion of the Expediency Council, he retains the discretion to either accept or dismiss their suggestions.
Establishing the terms for Constitutional revision: The designation of certain provisions and issues as ‘non-revisable’ in Article 177 of the Constitution, when viewed broadly, may pose challenges for future generations in addressing societal needs. Concurrently, several principles, as per this article and subject to diverse and conflicting interpretations, could be deemed non-revisable, thereby rendering any form of revision seemingly impractical and superficial.
The composition of the Constitutional Revision Council and the problem of power centralization: At present, the Revision Council is projected to have around 87 members, with 17 of them being directly elected by the people.
The procedure of constitutional revision and the problem of ambiguity: The primary issue with the implementation of the constitutional revision procedure is the ambiguity stemming from the lack of clear guidelines in the law.
The process of approving constitutional amendments and the problem of public participation: Given that the Supreme Leader appoints nearly two-thirds of the Constitutional Revision Council members, it’s crucial to ensure diversity and consider various perspectives in their selection. This approach should reflect the opinions of the Iranian people, which is particularly important for the successful revision of the constitution.
 
In general, the primary objective of constitutional revision is to ensure the continuity of law and safeguard citizens’ rights across different periods. While Article 177 of the Constitution addresses this, several obstacles hinder the revision process. These include ambiguity in initiating the revision process, unclear guidelines on which articles can be revised, a structure that potentially centralizes power, limited circulation of elites, and minimal citizen participation in legal processes. These problems pose significant hurdles to the process. In fact, the magnitude of these legal and customary issues and ambiguities has made updating the Constitution a daunting task.
 

Trumps Foreign Policy and Islamic Republic of Iran

Trump's Foreign Policy and Islamic Republic of Iran

Volume 19, Issue 74, Winter 2017, Pages 139-164

Mahmood Yazdanfam

Abstract The main question of the article is what will be the United States policy and strategy in international arena in general and toward the Islamic Republic of Iran specifically during Trump's administration? In response to the question, a conceptual framework is provided at first and after that, the affecting factors on shaping the United States foreign policy in domestic and international levels are presented and its principals and approaches are explained. It seems the Trump administration will face with big problems and obstacles in pursuit of the United States ends and interests and revisit its positions in foreign policy.

The Impacts of Elections on the International Reputation of the Governments: with Emphasis on the Islamic Republic of Iran

The Impacts of Elections on the International Reputation of the Governments: with Emphasis on the Islamic Republic of Iran

Volume 18, Issue 69, Autumn 2016, Pages 171-196

Abdullah Ghanbarloo

Abstract   The paper intends to answer the question that how the elections can promote the international status and strength of a government. In this way, the following four elements have been discussed with special attention: democratic peace, significance of international legitimacy, public diplomacy and the principle of clean tablet. Free elections, indeed is a part of external interactions of governments, as they send special signals and connotations to other governments and cause their proper reaction. The elections also project democratic norms as well as providing proper bed for policy change which in turn can renovate the international reputation of governments. The Islamic Republic of Iran has already experienced these impacts in particular with respect to the presidential elections. Having said that, the author argues while the international situation for our country had been tense, the elections led to the re-enhancement of the country’s reputation.  

The Inter-subjective Foundations of Identity in the Islamic Republic of Iran

The Inter-subjective Foundations of Identity in the Islamic Republic of Iran

Volume 14, Issue 51, Spring 2011, Pages 85-114

Elham Rasouli Thaniabadi

Abstract

According to the constructivism, the states are not like economic actors who make decisions and behave due to the consequence logic, but they are social actors who have act based on relevance logic (their own identity). Therefore, to appreciate the foreign policy of the states, first one should bear in mind the Inter-subjective foundations of their identity; the foundations that can influent the shape of the identity and lead towards a special behaviour at the national and international levels. The purpose of this paper is to study the Inter-subjective foundation of identity in the Islamic Republic of Iran mainly in the domestic level. Accordingly, the author argues that these foundations are divided in two separate categories, however, with mutual influence. The first category contain the norms and doctrines which are originated totally from the religious-Islamic and especially Shiite sources and the second category are attitudes and understandings with the political culture of the Iranian people.

The Strategic Relationship between the United Arab Emirates and the Islamic Republic of Iran (2000-2011)

The Strategic Relationship between the United Arab Emirates and the Islamic Republic of Iran (2000-2011)

Volume 14, Issue 51, Spring 2011, Pages 149-173

Hamid Salehi

Abstract

The importance of the relevant issues and variables involved in the foreign relationship between the countries are different to each other and their influence is not equal. While some are not of much significance, some others effect national security and are of the vital interests of the countries. This papers aims at analyzing the effective elements of the strategic relationship between the I. R. of Iran and the UAE through constructivism.  In this way, other than a theoretical analysis and illustration of the foundations of the UAE’s foreign policy, the main issues studied in this paper are as follows: Iran-Arab regional competition in new Iraq, Territorial disputes between the two countries, Iran’s nuclear activities, the revolutionary movements in the Arab world especially in Bahrain and finally the economic relationship between the two countries. The findings of this survey proves that in spite of some major disputes between the two countries, there exist a strategic kind of relationship between them that lessens possibility of unilateral actions with the other’s cost.  None of the two countries can secure its own interest without paying due attention to other’s interest. Other than mutual dependence due to geographical proximity, are dependent to each other in the economic, social and cultural areas which has been created and strengthened during the last three decades.              

Structure and Decision Making Process in Foreign Policy of the Islamic Republic of Iran: An Analysis of Research and Teaching Texts

Structure and Decision Making Process in Foreign Policy of the Islamic Republic of Iran: An Analysis of Research and Teaching Texts

Volume 11, Issue 40, Summer 2008, Pages 313-348

Farzad Poursaeed

Abstract The Micro Approach at studying International Relations normally focuses on structure and behavior of the actors of international system; decision making process in the field of foreign policy is a part of this structure. Considering the published works with respect to the foreign policy of the Islamic Republic of Iran, this paper discusses the structure as well as process of decision making in the country. Therefore, due to three relevant variables, including, stakeholders (agents), organization and process, the survey is conducted with in the framework of legal-organizational (official) and political-sociological (unofficial) approaches. Finally, the paper concludes with highlighting deficiency of the relevant texts and a few suggestions are raised to remove them.

A Survey on Approaches of Foreign Policy of the Islamic Republic of Iran through the Structure- Agent Model

A Survey on Approaches of Foreign Policy of the Islamic Republic of Iran through the Structure- Agent Model

Volume 11, Issue 40, Summer 2008, Pages 349-377

Abdollah Ganbarloo

Abstract Any thinker's approach toward the issue of structure – agent and their interaction is one of the key elements in leading his/her perception and analysis about the social environment. It is the case especially in International Relations and Foreign Policy. Generally three approaches namely, Structure, Agent, Foundation can be identified in IR. With respect to the Islamic Republic of Iran also two different approaches focus on either Agent and its main role in leading to shape the international system or Structure and necessity of compatibility with the international system. The paper argues that while in the beginning the dominant approach in foreign policy of the Islamic Republic of Iran was dominated by Agent approach, it was replaced by Structure approach in the later phases. 

Explanation of Security Developments in the Islamic Republic of Iran:Looking for an Analytical Framework

Explanation of Security Developments in the Islamic Republic of Iran:Looking for an Analytical Framework

Volume 11, Issue 40, Summer 2008, Pages 377-411

Reza Khalili

Abstract Security studies inIrando not have a long history. However, studying security developments, as a small part of that bigger area is even newer. In fact, there exist many views and analyses on the very society and national security ofIranwhich have been raised by thinkers and researchers of security studies. These achievements can be categorized in four explanatory models which are as follows: discourse on securing, expansion and growth, discourse on tradition and modernity, discourse on delimitation, consolidation and pluralism, and also views on class and structure. These models can help us in understanding security developments ofIran.