Abstract
Constitutional economics is an interdisciplinary subject of constitutionalism and economics where political government tries to constitutionalize the economic activities within the state. Although, every political government tries to deal with all the economic aspects during constitutional engineering but, in theocratic states, the supreme religious institution performs the respective task because of having an official thought to be divinely guided. This study comprehensively describes the concept of Vilayat-e-Faqih (introduced by the Imam Khomeni) in Iran, by which, the entire political system including the economic and financial affairs of Iran has become the subjects of Supreme Leader and his Guardian Council. Similarly, articles 20, 21, 26, 27, 28, 29 and 31 of the Iranian constitution emphasize upon economic rights of the nation in general. On the other hand, articles 43, 44, 45, 46, 47 and 48 of the constitution define Iranian economic infrastructure, which is comprised of state, corporate and private sectors.At the same time, articles from 100 to 106 of the constitution focus on the power and authorities of“the councils” at the town, city, district and provincial levels. Moreover,this study also provides constitutional economic analysis of article 05, articles 107 to 112, article 150,and article 176 that exhibits hegemony of Supreme Leader (in consultation with Guardian Council and Revolutionary Guards)regarding looking after, controlling and directing all the economic activities within the state. Furthermore, the study also investigates how and why each constitutional provision is the subject of the post of Supreme Leader (also called Vilayat-e-Faqīh; considered to be divinely guided).
Highlights
Among the different schools of political economy, constitutional economics is referred to as the school that deals with constitutionalism and economics
Constitutional Economics under an Official Thought that frame the activities and choices of political and economic agents.”1 This can be elaborate as the economic analysis of constitutional laws
As this school has been categorized as the “practical approach,” constitutional economics is considered as the subject of political government that has a mandate to design economic infrastructure of the country by constitutional engineering whereas the prime motive of the political government during constitutional engineering is to legitimize the state for its actions in availing the best means of maximally determined efficiencies and utilities
Summary
Among the different schools of political economy, constitutional economics is referred to as the school that deals with constitutionalism and economics. Theonomy, according to Christian Reconstructionism, is an idea that had been described in the Bible where it is written, “God provides the basis of both; personal and social ethics.” On the other hand, the term “theocracy” is used for a government having an official thought to be divinely guided. It does not practice divine laws as they are discussed in the religious teachings. Theonomy: a Reformed Critique, op.cit., 78. 11Jim Yardley, Edward Wong, “Dalai Lama Gives Up Political Role,” New York Times, March 10, 2011. http://archive.nytimes.com/www.nytimes.com/2011/03/11/world/asia/11tibet.html (accessed May 11, 2019) 12Kosar Abbas Najfi, June 18, 2016; Ran Hirschl, Constitutional Theocracy (Harvard: Harvard University Press, 2011), 21-49
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