According to Khabaronline news agency, for recognition Leadership position These powers should be examined along with other principles of the constitution: Article 107 about the election of the leader, Article 109 about the conditions for holding this office and Article 111 about the loss of the conditions, inability to perform duties or the election of a new leader. Also, a distinction should be made between the leadership’s legal powers, their implementation mechanism, and the responsibility of other government institutions.
The position of leadership in the political structure of Iran
In the current structure of the constitution, the leader is elected by the Assembly of Leadership Experts. Article 107 puts this responsibility on the people’s elected experts. Experts check the necessary conditions and characteristics and select the qualified person for this position.
Article 109 specifies the conditions of leadership: the scientific qualification required for the interpretation of different chapters of jurisprudence, the justice and piety required for leadership and the possession of correct political and social vision, resourcefulness, courage, management and sufficient power.
Therefore, the leadership in the Islamic Republic has a legal position with certain powers. The limits of these powers should be known based on the constitution and principles related to it.
Article 110 of the Constitution enumerates what powers?
Principle 110 is the most important reference for understanding the leader’s duties and powers. This principle enumerates responsibilities in the field of macro-politics, armed forces, appointment of certain officials, relations between forces and important governmental decisions:
- Determining the general policies of the system of the Islamic Republic of Iran, after consulting with the Expediency Council;
- Monitoring the good implementation of the general policies of the system;
- Issuing the referendum decree;
- General Command of the Armed Forces;
- Declaration of war and peace and mobilization of forces;
- Appointing, dismissing or accepting the resignation of certain officials;
- Resolving disputes and regulating the relations of the three forces;
- Solving the problems of the system that cannot be solved by normal means, through the Expediency of the System Council;
- signing the presidential decree after the people’s election;
- Dismissal of the president under the conditions stipulated in the constitution;
- Pardon or reduction of the punishment of the convicted, within the limits of Islamic standards and after the proposal of the head of the judiciary.
At the end of Article 110, it is predicted that the leader can delegate some of his duties and powers to another person.
The most important duties and powers of leadership
1. Determining the general policies of the system
According to the first paragraph of Article 110, the leader determines the general policies of the system after consulting with the Expediency Council. These policies define the macro directions of the country in areas such as economy, science and technology, culture, education, environment and security.
General policy is not the same as law or day-to-day executive decision. Macro policies provide a framework for subsequent decisions; But approving laws, setting executive plans and implementing them is the responsibility of the responsible institutions in each field.
2. Monitoring the implementation of general policies
The second paragraph of Article 110 considers monitoring the good implementation of general policies as one of the leader’s duties. This monitoring is related to the examination of the degree of compliance of decisions and the performance of the devices with macro orientations.
Monitoring the implementation of general policies should not be equated with the direct administration of all ministries and government agencies. The day-to-day management of these institutions is done within the framework of their legal responsibilities.
3. Referendum decree
Article 110, paragraph 3, enumerates the issuance of a referendum decree as one of the powers of the leader. Article 59 of the Constitution also foresees referring to public votes in very important economic, political, social and cultural issues. Based on this principle, the application of this method requires the approval of two thirds of the total representatives of the Islamic Council.
Therefore, examining the referendum mechanism in Iran requires simultaneous attention to principles 59 and 110: principle 110 states the authority to issue a referendum decree, and principle 59 explains the conditions of referring to public votes in the desired issues.
4. General Command of the Armed Forces
The fourth paragraph of Article 110 places the overall command of the armed forces on the leader. This responsibility oversees the position of the high command and must be separated from the executive and operational duties of commanders at different levels.
The sixth paragraph of Article 110 also includes the appointment, dismissal or acceptance of the resignation of some high military and police commanders among the powers of the leader. These powers are related to the defense and security structure of the country.
5. Declaration of war and peace and mobilization of forces
According to the fifth paragraph of Article 110, declaring war and peace and mobilizing forces are among the powers of the leader. These decisions are major security and defense issues and can affect not only the armed forces, but also foreign relations, economy, social life and public security.
A distinction should be made between the legal decision-making authority and its implementation steps. The implementation of defense decisions is carried out in a structure consisting of military, security and executive institutions and according to the relevant regulations.
6. Appointment and dismissal of some high-ranking officials
The sixth paragraph of Article 110 gives the leader the authority to appoint, dismiss or accept the resignation of certain officials. These people include:
- jurists of the Guardian Council;
- Head of the Judiciary;
- Head of Broadcasting Organization of the Islamic Republic of Iran;
- Chief of the General Staff of the Armed Forces;
- Commander-in-Chief of the Islamic Revolutionary Guard Corps;
- High commanders of military and law enforcement forces.
This list shows that the appointment authority of the leader is related to certain positions in the judicial, media and military structure. All the officials of the country are not appointed from this path; For example, the president, members of parliament, and members of city and village councils are elected through elections and related legal mechanisms.
7. Regulating the relations of the three forces and resolving the differences between them
The seventh paragraph of Article 110 considers resolving disputes and regulating the relations of the three forces as one of the leader’s duties. These powers include the legislative power, the executive power and the judicial power, each of which has specific duties within the framework of the constitution.
Separation of duties does not mean that forces do not need interaction. Sometimes there are disagreements about the limits of authority or the way of implementing laws. Article 110 provides a legal basis for regulating relations and resolving disputes between powers; However, every administrative or legal dispute between the institutions is not necessarily placed at the same level.
8. Solving the problems of the system through the Council of Expediency of the System
The eighth paragraph of Article 110 authorizes the leader to solve the problems of the system, which cannot be solved by normal means, through the Expediency Council. This authority must be applied within the framework of the duties and regulations of the assembly.
The Expediency Council has other duties as well; including examining disputes between the Parliament and the Guardian Council under the conditions prescribed by law and consulting on issues referred by the leader. This role does not mean replacing the assembly with all legislative or executive institutions.
9. Signing the presidential decree
Paragraph 9 of Article 110 considers the signing of the presidential decree after the people’s election as one of the duties of the leader. In the same paragraph, it is stated that the qualifications of the presidential candidates must be approved by the Guardian Council before the elections.
As a result, the process of starting the presidency includes various legal steps: checking the qualifications of candidates, holding elections and signing the presidential decree.
10. Impeachment of the president under the conditions prescribed by law
The power to dismiss the president is not unlimited and Article 110 has linked it to certain conditions. This authority can be exercised in accordance with the interests of the country and after the realization of one of the following two situations:
- The Supreme Court should rule that the president has violated his legal duties;
- According to Article 89, the Islamic Council should vote on the lack of political competence of the President.
Therefore, the constitution has not left the removal of the president to personal discretion and without preconditions. To understand this mechanism, the 10th paragraph of Article 110 should be examined along with Article 89.
11. Pardon or reduction of punishment for convicts
Clause 11 of Article 110 considers amnesty or reduction of the punishment of convicts within the limits of Islamic standards and after the proposal of the head of the judiciary as one of the powers of the leader.
Pardon and mitigation of punishment are two related but different concepts: amnesty refers to full or partial remission of punishment and mitigation refers to the reduction of the imposed punishment. The exercise of this authority must be done within the framework of legal conditions and regulations.
Selection of the leader and conditions for holding this position
Article 107 has put the selection of the leader in charge of the Assembly of Leadership Experts. Article 109 also determines three main conditions for holding this position:
- The scientific qualification required for afta in different chapters of jurisprudence;
- justice and piety necessary for leadership;
- Correct political and social vision, resourcefulness, courage, management and sufficient power.
These conditions include both scientific and moral characteristics as well as managerial and political abilities.
Continuity of leadership conditions and principle 111
Article 111 deals with situations that may affect the continuation of this position. If the leader becomes unable to perform his legal duties, loses one of the conditions mentioned in the fifth and 109 principles, or it becomes clear that he lacked some of these conditions from the beginning, he will be removed from his position. The diagnosis of this issue is the responsibility of the Council of Leadership Experts.
In case of death, resignation or dismissal of the leader, the Assembly of Experts must appoint and introduce a new leader as soon as possible. Article 111 foresees a temporary mechanism for the time interval until the election of a new leader.
Also, Article 107 specifies that the leader is equal to other people in the country before the laws.
summary
The duties and powers of the leader of the Islamic Republic of Iran, especially in Article 110 of the Constitution, include areas such as macro-policy making, monitoring the implementation of policies, commanding the armed forces, appointing certain officials, regulating the relations of the three forces and making decisions about some important governmental issues.
Principles 107 and 109 specify the method of selecting the leader and the conditions for holding this position, and principle 111 deals with the continuation of the conditions, dismissal in the prescribed cases and appointment of a new leader. In order to carefully examine the position of the leadership, a distinction must be made between the powers specified in the constitution, the mechanism of their application, and the responsibility of other government institutions.
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