CHANGE THE CONSTITUTION, NOT PRESIDENTIAL POWERS, EXPERTS SAY

By Safa Haeri, IPS Editor

PARIS First of October (IPS) One week after he submitted a bill to the reformists-dominated Majles aimed at giving the president his constitutional prerogatives to apply the Constitution, Hojjatoleslam Mohammad Khatami continue to be under unprecedented attack by the ruling conservatives, accusing him of seeking "absolute dictatorship, creating chaos and a return to absolute monarchy".

Reformists say according to the Islam-based Constitution of the Islamic Republic, not only the president is the second highest-ranking personage of the regime after the leader, but he also has the responsibility for the application of the Constitution by all the regime’s powers and institutions, including the Judiciary or the Legislative, and its respect by all.

"The Constitution holds that the Chief Executive is responsible for implementing the law of land. But three years ago, I noted that the Constitution was not being monitored precisely, therefore I called for new approaches to be adopted to clarify this presidential task", Mr. Khatami told a group of lawmakers, failing to explain why he waited such a long time before acting, or why it took him more than two years before realising that the Constitution was not respected by some power centres.

Mr. Khatami reiterated that what he was after in presenting the bill to the parliament was more power, but the respect of the Constitution and laws, as he has promised to the people, something which has continually been refused by the country's ruling conservatives.

The long-awaited bill, which would enable the president to have judiciary and parliamentary officials removed from office if they violated the Constitution or overstepped their powers, was presented the Majles last Tuesday and immediately came under acid attack from the conservatives-controlled press and circles.

According to an article of the controversial bill, termed by some conservative hard-liners as "utterly unconstitutional", also calls for the establishment of a committee to be formed at the Supreme Court to arbitrate over court rulings the president deems "irrelevant".

Opening the salvo, Mr. Hoseyn Shari’atmadari, the leader-appointed Editor of the hard-line "Keyhan" newspaper described the controversial bill as "smelling dictatorship" and "encouraging chaos" and urged the Council of the Guardians (CG) to reject it "at once".

In a long and articulated article published Saturday, Mr. Shari’atmadari, after enumerating the use of wrong or vague words, weak and baseless legal argumentation, numerous cases where the bill run against articles of the Constitution, as well as plenty of contradictions the bill contains, concluded that not only the bill is "unconstitutional", but also "unprecedented" in the history of the Islamic Republic.

"As it is, not only the bill places the president above the Judiciary, the Legislative, the Council of Guardians and the Expediency Council, but also makes him a judge who has the power to remove from office anyone he think has acted against the Constitution", Mr. Shari’atmadari told the independent Iranian Students News Agency ISNA.

Other conservative tenors went even further, accusing the powerless President of "siding with foreign enemies" who wants to "turn the Iranian Islamic democracy into a full fledged dictatorship".

They add that by getting the powers he seek, the President can reject courts decisions or veto laws approved by the Majles, and on the pretext that they do not fit with the Constitution, he would remove lawmakers immunity and endanger the independence of the Judiciary.

Furthermore, based on the bill, even the leader would become respondable to the president, for, as the Authority that directly controls the Judiciary, the Armed Forces, the public media, the secret services, the Clergymen Special Tribunal and several other key institutions, in case any of them is deemed by the president to have acted against the Constitution, the leader would be hold responsible, while, according to the Constitution of the Islamic Republic, the leader above all laws, including the Constitution itself.

But experts challenge this view, noting that not only lawmakers immunity is not recognised by the Judiciary, -- which has sent several reformist deputies to courts --, not only the Judiciary is not independent, -- for the simple fact that it is entirely controlled by the leader --, but the conservatives deliberately omit to talk about the unlimited powers the Constitution gives the "absolute leader", a cleric who, as the representative of God on earth, is above the Constitution and all laws of the land.

Another objection the conservatives raise against the bill is the "fear" that in case Khatami is replaced by a man "animated by autocratic motivations", he can use the expanded presidential powers to impose a dictatorship.

Reformists’ greatest difficulty is that they want proceed with reforms within the present system and its two-headed Constitution, while most political activists, scholars and legal experts have reached the conclusion that it is the Constitution itself that must be revised.

"Our problem is not with the bill, but with the present Constitution which, in many cases, is full of contradictions", pointed out Dr. Qasem Sho’leh Sa’di, an outspoken lawyer and former Member of the Majles, adding "even if approved, the bill would change nothing in the present system, because the Judiciary, which is under the direct control of the leader, can easily reject it". PRESIDENTIAL POWERS 30902