Constitution of Islamic Republic of Iran

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The Constitution of Islamic Republic of Iran[1] [2] abolished the Constitution of 1906. The 1979 Constitution dates 24 October 1979 and is in force since 3 December 1979[3]. Significant amendments were adopted on 28 July 1989.[4]

Contents

Main article: Assembly of Experts for Constitution
See also: Iranian Constitution of 1906

The draft constitution published by the provisional government of Mehdi Bazargan in June 1979 was modeled on the 1958 constitution of the French Fifth Republic. Although the draft was altered later by the elective Assembly of Experts for Constitution, the offices of the President and the Prime Minister were retained for the executive branch of government from the French model.[5]

The constitution begins by stating that the "anti-despotic movement for constitutional government [1906-1911], and anti-colonialist movement for the nationalization of petroleum" in 1950s failed because of lack of religious coloring thereunder. Moreover, the "central axis" of the theocracy shall be Quran and hadith.

Preamble further states: "The Assembly of Experts for Constitution...fram[ed] the Constitution...[after input] by the government...with the hope that this century will witness the establishment of a universal holy government and the downfall of all others."[6] (See also: Mahdi and Mohammed al-Mahdi)

Article 1 states that the form of Government in Iran is that of an Islamic Republic. It explains this form is due to to the referendum passed by 98% of the elegible voters of Iran and gives credit to Imam Khumayni for the victorious revolution.

Article 2 defined an Islamic Republic as a system based on the belief:

  • There is only one god.
  • Understanding god's divine nature is fundamental in setting laws
  • Human beings return to god after death.
  • God is just.
  • Leadership shall continue the revolution of Islam.

Article 2 goes on to state that human beings have dignity, value and freedom with responsibility to god. From that concept, several other governing concepts (for example equity & justice) are stated to be secured by:

  • That the leadership be qualifed in regard to the Koran and the Sunnah.
  • The government should advance the Arts & Sciences.
  • Oppression in any form is not acceptable.

Article 3 states the objective of the Islamic Republic is to direct all of its resources to a number of goals. These goals cover general topics in governance. For example:

  • Support good moral values based on faith
  • Fight all forms of vice and corruption
  • Raise public awareness through the proper use of the mass media and press
  • Free education
  • Free physical training
  • Strengthening advanced scientific research
  • The elimination of imperialism and foreign influence
  • The elimination of despotism, autocracy and monopoly
  • Ensure social and political freedoms within the law
  • The end to all forms of undesirable discrimination

Some of the goals are put in context of the requirements of Islam. For example:

  • The planing of a just economic system
  • Public cooperation of all people
  • The creation of the government's foreign policy

Article 4 is immutable and the Council of Guardians ensures that all articles of the Constitution as well other laws are based on Islamic criteria.

This article explains the leaders of Ummah must choose a leader in accordance with Article 107 for this office. This is stated to be related to the disappearance of the Twelfth Imam whom it asks god to return.

Article 15 states that the "Official language (of Iran)... is Persian." Per Article 16, "Since the language of the Koran and Islamic texts ... is Arabic it must be taught ... in from elementary grades until the end of high school."

Article 23 of the Iranian constitution holds that “the investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief.”

Article 24 safeguards press freedoms

The Islamic Republic is not a Communist state as the Islamic scholars fiercely oppose this. Notwithstanding this, pursuant to obsolete[7][8][9] Article 44, "all large-scale and mother industries, foreign trade, major minerals, banking, insurance, power generation, dams, and large-scale irrigation networks, radio and television, post, telegraph and telephone services, aviation, shipping, roads, railroads and the like" are entirely owned by the government. (See also: Privatization of the Iranian economy)

Pursuant to Article 60, the president fulfills "executive" functions "except in the matters that are directly placed under the jurisdiction of the [Leader]" as enumerated in Article 110. Article 68 allows suspension of elections during wartime.

Article 57 states the Separation of Powers.

This article makes it impossible for a multinational corporation to take over certain businesses in Iran saying "concessions to foreigners or the formation of companies" in Iran is forbidden.

The constitution accords many powers to the Supreme Leader.

Some say that the Supreme Leader's powers extend beyond those enumerated in the Constitution because he can use "Islamic issues for justification."[10]

Article 112: If a proposed bill of Majles is "against the principles of Shariah or the Constitution," then the Guardian Council should meet with the Expediency Council to resolve the legislative deadlock.

"...[F]oreign military base in Iran, even for peaceful purposes, is forbidden."

Article 167 [Rule of Law for Judiciary] stipulates that judges must make use of "Islamic sources and...fatwas" in matters where the Iranian law books are silent.

Chapter 8, which has only one article, establishes Iran's National Security Council.

No amendment that conflicts with the "Islamic character of the political system...and...the school [Twelver Ja'fari]" is permissible under any circumstances.

  1. ^ http://mellat.majlis.ir/archive/1383/10/15/law.htm
  2. ^ http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  3. ^ Constitutional Background Hauser Global Law School Program
  4. ^ Constitutional Background
  5. ^ [1]
  6. ^ Framers' agenda
  7. ^ [2]
  8. ^ [3]
  9. ^ [4]
  10. ^ http://jurist.law.pitt.edu/world/iran.htm

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