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]
[edit] 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]
[edit] Preamble
The Islamic 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)
[edit] 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.
[edit] Chapter II [Article 15 to 18]: Official Language, Script, Calendar, & Flag of Country
[edit] 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."
[edit] Chapter III [Article 19 to 42]: Rights of People
[edit] Article 29 [Welfare benefits]
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[edit] 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[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)
[edit] 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.
[edit] Chapter VI [Article 62 to 99]: Legislative Power
[edit] 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.
[edit] Chapter VII [Article 100 to 106]: Councils
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[edit] Chapter VIII [Article 107 to 112]: Leader
[edit] 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.
[edit] Chapter IX [Article 113 to 151]: Presidency, Ministers, Army ,& Islamic Revolutionary Guards Corps
[edit] Article 146 [No Foreign Military Base]
"...[F]oreign military base in Iran, even for peaceful purposes, is forbidden."
[edit] Chapter X [Article 152 to 155]: Foreign Policy
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[edit] Chapter XI [Article 156 to 174]: Judiciary
[edit] 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.
[edit] Chapter XII [Article 175]: Radio & Television
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[edit] Chapter XIII
Chapter 8, which has only one article, establishes Iran's National Security Council.
[edit] 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.
[edit] See also
- Politics of Iran
- Sharia
- Blasphemy laws of Islamic Republic of Iran
- List of members of Constitutional Amendment Council of Iran
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| Preceding: | Iran Constitution of 1906 |
| Subsequent: |
[edit] References and notes
[edit] External links
- Islamic Chamber Society
- Islamic Republic of Iran Constitution
- Constitution of Iran, as an unofficial English translation hosted at University of Berne
- 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
