The Mosaic Times

Leader in Local & Global News

The Body That Chooses the Leader Was Chosen by the Leader

The Assembly of Experts will choose a successor. Its members were cleared to stand by a council the previous leader appointed, which makes this a question about a filter, not a shortlist.

Close photograph of a stack of five brass laboratory test sieves nested one inside another on a dark slate surface, each with a progressively finer woven mesh. The brass is aged and slightly tarnished, the meshes are clean and empty.

At some point on Sunday, in Tehran, Iranian state media confirmed that Ali Khamenei was dead, and forty days of mourning were declared. He had held the office of supreme leader since 1989. By the end of the day a three person interim council had been named to exercise his powers: the president, Masoud Pezeshkian, the head of the judiciary, Gholam-Hossein Mohseni-Eje’i, and Ayatollah Alireza Arafi.

The constitutional machinery worked exactly as written, on the day, which is more than many observers expected. What happens next is governed by a procedure that is clear on paper and, on inspection, circular.

The argument here is that the succession is not principally a question about candidates. It is a question about who controls a selection filter at a moment when the person who normally controls it is dead, and the rules provide no answer to that because they were not written with the possibility in mind.

What the office is

Worth establishing what is actually being filled, because the English translation, supreme leader, is doing less work than it looks.

The office is not a ceremonial headship above an elected government. It appoints the head of the judiciary. It appoints six of the twelve members of the Guardian Council, which vets candidates for every election in the country and can strike down legislation. It appoints the commanders of the armed forces and of the Revolutionary Guard. It appoints the head of state broadcasting. It sets the general direction of policy, and the elected president operates inside that.

So this is not a change of head of state in the ordinary sense, where institutions continue and a figure at the top is replaced. Most of the institutions that would normally outlast a leader are staffed, at the top, by appointees of the leader, and they hold those posts because he made those appointments.

That is what makes the succession consequential and it is also, as the next section shows, what makes it strange.

What the rules say

Article 111 of the constitution provides for exactly this. On the death or incapacity of the leader, a temporary council assumes his functions, and the Assembly of Experts selects a successor. The Assembly is a body of eighty eight Islamic jurists, elected by the public every eight years, and choosing the leader is its central constitutional purpose.

There is no deadline. The constitution requires the Assembly to act in the shortest possible time, which is a standard rather than a clock.

That is the whole formal answer, and read in isolation it describes an orderly electoral process: a body chosen by voters selects a head of state, under a constitution, without a deadline but with an obligation of promptness.

The first test: who is eligible to elect

Candidates for the Assembly of Experts do not simply stand. They are vetted first by the Guardian Council, which determines who may appear on the ballot.

Six of the Guardian Council’s twelve members are appointed directly by the supreme leader. The other six are jurists nominated by the head of the judiciary, and the head of the judiciary is himself appointed by the supreme leader.

Follow that around. The leader appoints the body that decides who may stand for election to the body that selects the leader. Every member of the Assembly now considering a successor to Khamenei was cleared to stand by a council he constituted.

This is not a hidden feature. It is how the system is designed, and its designers would describe it as a safeguard rather than a flaw: a guarantee that the people choosing a leader are qualified by the standards the system holds. But it means the Assembly cannot be understood as an independent selector. It is an instrument shaped by the office it is now filling.

The second test: the interim council

Which brings us to the three men named on Sunday.

Two hold offices that are either elected or appointed by the leader. The third, Alireza Arafi, is widely discussed as a candidate for the leadership itself.

A man exercising the powers of an office while being considered for it is not disqualified under the constitution, and the arrangement is defensible on grounds of continuity. It also places a candidate inside the machinery during the period when the machinery is deciding. In a system where the filter matters more than the vote, proximity to the filter during an interregnum is not a small advantage.

The third test: what happened last time

There is only one precedent, and it does not support the orderly reading.

In 1989, on the death of Ruhollah Khomeini, the Assembly selected Ali Khamenei. At that moment Khamenei was a hojatoleslam, a rank below ayatollah, and the constitution’s requirements for the office had to be accommodated to the choice rather than the other way round. He was not the most senior cleric available. He was the one the arrangement produced.

The lesson of 1989 is that the selection is not a search for the best qualified jurist. It is a negotiation among institutions, conducted under a constitutional form, and the form adapts to the outcome.

That was a succession in peacetime, with the founding leader dying of illness after a long decline, and with the institutions intact and their relative strengths well understood by everyone involved.

What is different now

None of those conditions holds.

The office became vacant suddenly, by violence, in the middle of a war the state is currently fighting. Several senior figures were reported killed alongside him, which means the institutional map is not what it was a week ago and nobody inside the system can yet be certain of its own weight relative to the others.

And the selection is happening while the country is under attack, which changes what the choice is for. A succession in peacetime can be about religious standing and factional balance. A succession during a war is also about who can conduct one.

The part that does not resolve

Every account of this will be organized around names, because names are what can be reported. The names are the least knowable part.

What can be stated with some confidence is structural. The Assembly will choose. The Assembly was filtered by a council the previous leader built. The filter’s own authority now derives from an office that is empty. And the body that would normally resolve a dispute about any of this is the leadership itself.

A constitution that routes every check back through a single office works while the office is occupied. What it does when the office is empty, during a war, with one of the interim holders a candidate, is not written down anywhere, because the document was drafted by people who did not expect to find out.