Theocracy and the Separation of Powers

The revival of the concept of theocracy in the English language arguably flows from three major phenomena of the past thirty years. The first is the Iranian Revolution of 1979, in which a regime that calls itself an Islamic republic was established, and which formally respects the “guardianship of the jurisprudent” (vilayat-i-faqih) in its constitution, and practice, the notion of Ayatollah Ruhollah Khomeini, originally presented in a lecture series in 1971.1 This regime is regularly described as a theocracy, sometimes as a “populist theocracy.”2 Some of its ruling clerics attempted to transform the Shia ulema into a monolithic institution under a single spiritual leader simultaneously considered (by some) as the head of state and (by some) as the functional equivalent of a contemporary pope. Khomeini’s many new titles included Na’eb-e Imam (deputy to [the twelfth] imam). Secular educational arrangements were disbanded in schools and universities; the sexes were publicly segregated; and moral police enforced an Islamic dress code.3 Iran’s current president, Mahmoud Ahmadinejad, insists that the real ruler of Iran is the twelfth imam, and has instructed his cabinet to pledge its loyalty to that occultating entity. Western and “indecent” music were banned from state-run TV and radio stations in December 2005, though women have been allowed into major sporting events for the first time since 1979.4 Among Ahmadinejad’s many international provocations is Holocaustdenial. Fears remain among some American and European policymakers