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The role of the constitution in the Islamic Republic of Iran
Horčička, Matouš ; Jermanová, Tereza (advisor) ; Kříhová, Zuzana (referee)
What role is being played by the constitution in authoritarian regimes? Contrary to popular belief, the available research shows that, even in authoritarian context, constitutions are not just a useless piece of paper. According to the typology by Tom Ginsburg and Albert Simpser (2014) there are four different ways how the constitutions are being treated by authoritarian leaders. The constitution may enable mutual coordination between various power centres of the regime, conceal the inner reality of the regime from the domestic audience, can do the advertising job both outwards and inwards or, finally, may be the unfulfilled vision of the regime. This master thesis examines the eventually changing role of the Iranian constitution during the two historical eras distinguished by different political approaches. The first one is the era of Muhammad Khatami's reformist rule (1997-2005), the second is the conservative era of Mahmoud Ahmadinejad (2005-2013). The thesis particularly focuses on the operation of two regime institutions which are crucial for the interpretation of the Iranian constitution: The Guardian Council and the Expediency Discernment Council of the System while eventually considering the decisions and statements of the Supreme Leader of Iran. By analysing the relevant documents, the...
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Constitutional System of Islamic Republic of Iran: History, Theory and Practice
Horčička, Matouš ; Kříhová, Zuzana (advisor) ; Ženka, Josef (referee)
This bachelor's thesis focuses on the constitutional system of the Islamic Republic of Iran, specificially on its historical genesis, theoretical fundaments and real performance. The first chapter deals with constitutionally formative aspects in chronological historical perspective which stood behind the creation of the contemporary constitutional system of the Islamic Republic of Iran. In this part of the thesis, aspects which played a significant role in the development of Iranian constitutionalism in each era of Iranian history are identified starting with Safavid era, through Qajar period, Constitutional Revolution and the rule of Pahlavi dynasty until the events of the Islamic Revolution and the Constitutional Revision of 1989. The second chapter is dedicated to the Iranian Constitution itself. It works with the characteristics, structure and text of the Constitution with the focus on the particular legal concepts while evaluating these aspects via the law in books perspective, which is the perspective portraying concrete legal system in its formal extent, how it's meant by the diction of the legal text. While using the comparative method, the third chapter of the thesis confronts the theoretical scheme of the Constitution and examines the chosen legal concepts of the Iranian constitutional...
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