Epilogue

Abstract

This epilogue will provide a brief overview of the judiciary under Mohammad Reza Shah from 1941 until the revolution of 1979. This chapter is included because, in line with the historical-institutionalist approach adopted in this book, the efficacy and nature of the legal institutions established between 1906 and 1941 need to be judged in the long durée. Many of the judges and lawyers who entered the system during the postconstitutional period remained in their positions well into the Muhammad Reza Shah period, and their ideological and political outlook were significant in shaping the nature of the judiciary and legal profession and their relations with the executive branch. In turn, these institutions were shaped by the changing political context, especially by the nature of state-civil society relations. The chapter will concentrate mainly on judiciary-executive relations and the various attempts to establish the rule of law during this period. In addition, some suggestions will be made in the final sections about the reasons for the overall weakness of the judiciary as a check on executive power for most of this period, especially after 1962.