Journal of Legal Research

Journal of Legal Research

Institutional Independence and Legislative/Executive Intervention in Monetary Policy-Making: A Study of Iran’s Monetary and Banking Framework

Document Type : Original Article

Authors
1 PhD Student in Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran; Invited Professor, North Tehran Branch, Islamic Azad University, Tehran, Iran.
4 Assistant Professor, Department of Private Law, Shahrood Branch, Islamic Azad University, Shahrood, Iran; Invited Professor, North Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
Notwithstanding the explicit provisions of the Monetary and Banking Act of Iran, pursuant to which the Central Bank and its principal decision-making body, namely the Money and Credit Council, are recognized as the primary monetary policymakers, and despite the fact that various provisions of the said law address monetary policymaking in a manner suggesting that the Central Bank functions as the sole policymaking authority acting independently from other institutions, practical experience demonstrates that both the legislative and executive branches intervene in the formulation and implementation of monetary policy. This article, while examining the institutional position and authority of the various monetary policymaking bodies, analyzes certain instances of duality, inconsistency, and conflict arising from the legislative and executive branches’ regulatory interventions in the realm of monetary policymaking. The study demonstrates the consequences of intervention by non-specialized governmental institutions in monetary policy and explains how such intervention constrains the autonomy and effective functioning of the specialized monetary authority, which, by its very nature, ought to operate independently. Furthermore, the article explores the potentially adverse economic consequences arising from the erosion of central bank independence and institutional coherence in monetary governance.
Keywords

“Structure of the Federal Reserve System.” 23 December 2022. Available at: https://www.federalreserve.gov. (In English)
“What Is a Central Bank?” 10 July 2015. Available at: https://www.ecb.europa.eu/ecb-and-you/explainers/tell-me/html/what-is-a-central-bank.en.html. (In English)
Alsan, Mostafa. Central Bank Law. Tehran: Monetary and Banking Research Institute of the Central Bank, 1392. (in Persian)
Banaei Oskuie, Majid and Vida Mirzaei. “The Legal Status and Scope of the Resolutions of the Money and Credit Council.” Public Law Research Quarterly, 66(1399), 141–180. (in Persian)
Emami Mohammad and Kourosh Ostovar Sangari. Administrative Law. 2nd ed. Tehran: Mizan Publications, 1391. (in Persian)
Hashemi, Mohammad. Constitutional Law of the Islamic Republic of Iran, Vol. 2. 6th ed. Tehran: Mizan Publications, 1386. (in Persian)
Jafari, Amin. Fundamentals of Banking Law, Vol. 1. Tehran: Sherkat-e Sahami Enteshar, 1399. (in Persian)
Kaabi, Abbas and Sajjad Hakimi. “The Nature of Parliamentary Representation in the Constitutional Law of the Islamic Republic of Iran.” Islamic Government, 2(1393), 123–144. (in Persian)
Lukonga, Inutu. “Monetary Policy Implications of Central Bank Digital Currencies: Perspectives on Jurisdictions with Conventional and Islamic Banking Systems.” International Monetary Fund, 60(2023), 2–40. (In English)
Masoudi, Alireza. Banking Law. 1st ed. Tehran: Pishbord Publications, 1387. (in Persian)
Mirzaei, Vida. “The Status and Scope of the Resolutions of the Money and Credit Council.” Master’s thesis. Tehran: Allameh Tabataba’i University, 1397. (in Persian)
Mirzakhani, Reza and Hossein Ali Saadi. “Bitcoin and the Financial–Jurisprudential Nature of Virtual Currency.” Iranian Economic Essays, 30(1397), 71–92. (in Persian)
Nazaftian, Abdolali. “Assessing the Legal Status of Monetary and Credit Policymaking Institutions in the Country’s Banking System.” Parliament and Strategy, 51(1385), 275–298. (in Persian)
Roshan, Mohammad, Mostafa Mozaffari and Hanieh Mirzaei. “A Jurisprudential and Legal Examination of Bitcoin.” Legal Research Quarterly, 87(1397), 49–78. (in Persian)
Rostampour, Fariba. “A Review of the History of the Money and Credit Council and the Composition of Its Members.” Bank and Economy Journal, 96(1387), 20–23. (in Persian)
Schooner, Heidi Mandanis and Michael Taylor. “Convergence and Competition: The Case of Bank Regulation in Britain and the United States.” Michigan Journal of International Law, 20, 4(1999), 596–655. (In English)
Zarshagi, Mohammad. “The Concept of the Legislator’s Exclusive Competence.” International Conference on the Third Millennium and Humanities, Shiraz, 25 Khordad 1394. (in Persian)