(Redirected from Constitution of Iran)
'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
Main articles: Assembly of Experts for Constitution
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 4, the Islamic principle, is immutable and the
Council of Guardians ensures that "all articles of the Constitution as well as to all other laws" are based on Islamic criteria.
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
Communist state as the Islamic scholars fiercely oppose this. Notwithstanding this, pursuant to obsolete
[[2]][ [3]][7] 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)
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."
[8]
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
References and notes
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. [4]
8. http://jurist.law.pitt.edu/world/iran.htm
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
العربية
中国
Français
Deutsch
Ελληνική
हिन्दी
Italiano
日本語
Português
Русский
Español
![Daily flights from NYC to Mont Tremblant\](images/articles/thumbs/nytremblantthumb.jpg "Daily flights from NYC to Mont Tremblant\")
