The velayat-e faqih has steadily come to occupy the apex of the political system in its day-to-day functions, in the process overwhelming and overshadowing elected institutions such as the presidency and the Majles. The Assembly of Experts, which is meant to select and then supervise the velayat-e faqih, has become a shadow of its constitutional self. Especially after Refsanjani was elbowed out of the institution, it has moved to become more of an auxiliary of the leadership. The presidency and the Majles have also come increasingly under the leader’s overpowering influence. The system continues to remain hybrid. But that hybridity is being steadily chipped away at. Khamenei is the most important element of the deep state, the critical connective tissue that binds all the other institutions together. The other elements of the deep state are its praetorians – the Revolutionary Guards and the Basij – its gatekeepers such as the Expediency and the Guardian Councils, and Khamenei representatives and the Friday Prayers Imams, along with the rest of the Qom theological establishment, the Ministry of Intelligence, the Special Court for the Clergy, and the state radio and television broadcaster, the IRIB.

The Islamic Republic of Iran prides itself on being the only country with an entirely codified Islamic legal system, and on being a pioneer in the Islamization of constitutional law. Part 1 of this chapter provides an overview of the different models of Islamic constitutionalism currently found in the Muslim world. Part 2 reviews Iran’s highly creative and ambitious project of Islamizing an entire civil law system and codifying Islamic law over a forty-year period and draws attention to the high degree of dynamism and reinterpretation of Shiite legal precepts that this project has required. Part 3 focuses on the making and amendment of Iran’s 1906/1907 and 1979 constitutions – which fused foreign, republican, and Islamic elements in unique ways – and on the role of the 1979 constitution in defining and regulating Iran’s distinctive present-day blend of institutional conflict and policy disagreement among religious conservatives, pragmatic reformers, and revolutionary leftists. Over time, a combination of innovative reinterpretation of Shiite legal principles and constitutional and institutional reform have reshaped the complex relationship between left-leaning legislative institutions constrained by Islamic principles and conservative religious scholars who operate outside the political system but are the arbiters of what it means to respect Islamic principles.