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]
History
- 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]
Preamble
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)
Chapter I [Article 1 to 14]: General Principles
Article 1 (Form of Government)
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 (Foundation Principles)
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 (State Goals)
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 (Islamic Principle)
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.
Article 5 (Office of Religious Leader)
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.
Chapter II [Article 15 to 18]: Official Language, Script, Calendar, & Flag of Country
Language
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."
Chapter III [Article 19 to 42]: Rights of People
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
Article 29 [Welfare benefits]
Chapter IV [Article 43 to 55]: Economy & Financial Affairs
The Islamic Republic is not a
Chapter V [Article 56 to 61]: Right of National Sovereignty
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.
Chapter VI [Article 62 to 99]: Legislative Power
Article 81 [Foreign Business]
This article makes it impossible for a multinational corporation to takeover certain businesses in Iran saying "concessions to foreigners or the formation of companies" in Iran is forbidden.
Chapter VII [Article 100 to 106]: Councils
Chapter VIII [Article 107 to 112]: Leader
Article 110 [Leadership Duties and Powers]
The constitution accords many powers to the Supreme Leader.
Some say that that the Supreme Leader's powers extend beyond those enumerated in the Constitution because he can "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.
Chapter IX [Article 113 to 151]: Presidency, Ministers, Army ,& Islamic Revolutionary Guards Corps
Article 146 [No Foreign Military Base]
"...[F]oreign military base in Iran, even for peaceful purposes, is forbidden."
Chapter X [Article 152 to 155]: Foreign Policy
Chapter XI [Article 156 to 174]: Judiciary
Islamic laws & fatwas
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 XII [Article 175]: Radio & Television
Chapter XIII
Chapter 8, which has only one article, establishes Iran's National Security Council.
Chapter XIV [Article 177]: Revision of Constitution
No amendment that conflicts with the "Islamic character of the political system...and...the school [Twelver Ja'fari]" is permissible under any circumstances.
See also
- Politics of Iran
- Sharia
- Blasphemy laws of Islamic Republic of Iran
- List of members of Constitutional Amendment Council of Iran
- Iran Constitution of 1906
References and notes
External links
- Constitution of Iran, as an unofficial English translation hosted at University of Bern, Switzerland (with good summaries)
- Islamic Republic of Iran Constitution
- Article on the Constitution of the Islamic Republic of Iran from the Encyclopaedia Iranica resource. (Click 'Read' for each of the eight pages in turn.)
- Islamic Chamber Society
- Iran Law Library
- http://www.iranhrdc.org/english/pdfs/Codes/TheConstitution.pdf
- http://www.helplinelaw.com/law/iran/constitution/constitution02.php
- http://www.ibchamber.org/lawreg/constitution.htm
- http://www.iloveiran.com/PDF/gazett.pdf
- http://www.alaviandassociates.com/documents/constitution.pdf
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