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Constitution of the
Islamic Republic of Iran
Overview
Original titleقانون اساسی جمهوری اسلامی ایران
JurisdictionIslamic Republic of Iran
Created24 October 1979
Ratified3 December 1979
Date effective3 December 1979
SystemUnitary Khomeinist presidential
theocratic-constitutional Islamic republic
Government structure
BranchesThree
Head of stateSupreme Leader of the Islamic Revolution
ChambersTricameral
Upper: Assembly of Experts
Lower House: Islamic Consultative Assembly
Ancillary: Guardian Council
ExecutivePresident led Government
Prime Minister (defunct)
JudiciaryGuardian Council
Supreme Court of Iran
History
First legislatureMarch 14, 1980
First executive5 February 1980
Amendments1
Last amended28 July 1989
LocationTehran
Author(s)Members of Assembly of Experts
SignatoriesConstitutional referendum by the citizens of Iran
SupersedesPersian Constitution of 1906

The Constitution of the Islamic Republic of Iran[1][2] is the supreme law of Iran, and was adopted by referendum on 2 and 3 December 1979,[3][4] replacing the Constitution of 1906.[5] There has been just one amendment since, for the purposes of allowing the current Supreme Leader to take office, which was adopted on 28 July 1989.[6] The constitution has been called a "hybrid" of "theocratic and democratic elements"; while articles one and two vest sovereignty in God, article six mandates popular elections for the presidency and the Majlis, or parliament.[7] These democratic procedures and rights, however, are ultimately subordinate to the Guardian Council and the Supreme Leader.[7][8]

History

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Main article: Assembly of Experts for Constitution
See also: Iranian Constitution of 1906
Politics of Iran
 
Government of Islamic Republic of Iran
Leadership
Executive
Legislative
Judicial
Supreme Councils
Local governments
Elections
Political parties and factions
Inside government
Reformists
Principlists
Outside government
Monarchism
Liberalism
Nationalism
Pan-Iranism
Socialism
Intellectual backdrop
Foreign relations
Related topics

It has been reported[by whom?] that the concept of writing a new constitution in Iran came to Ruhollah Khomeini while he was travelling to Paris before the overthrow of the Pahlavi dynasty in the Iranian Revolution. This led to its early draft being written in Paris, which likely added to its French inspirations.[citation needed]

The draft constitution eventually published by the provisional government of Mehdi Bazargan in June 1979 was modelled on the 1958 constitution of the French Fifth Republic. In many ways, this most early draft effectively replaced the Shah with the President. After calls for a wider consultation on the text, a joint summit between the Supreme Leader and the provisional government created the Assembly of Experts for [the] Constitution to re-draft and formally propose the new constitution to the Iranian people.[9]

Ultimately, the offices of President and Prime Minister were retained for the executive branch of government, again based upon the French model.[10]


System of Government

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The Supreme Leader

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The President

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Legislative Power

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The Judiciary

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The Armed Forces

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Identity of the State

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Civil and Human Rights

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Role of Islam and Religious Teachings in Constitutional Law

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Amendment

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1989 Amendments

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Main article: 1989 Iranian constitutional referendum

On 24 April 1989, Ayatollah Khomeini issued a decree convening an Assembly for Revising the Constitution. It made several changes in the constitution, in Articles 5, 107, 109, 111, eliminating the need for the Leader to be a marja, or to be chosen by popular acclaim.[11] It made permanent the Expediency Discernment Council to mediate and advise on disagreements between the Parliament and Council of Guardians, and eliminated the post of Prime Minister. Some of the amendments were thought to be included because no marja had given strong support for Khomeini's policies, so a non-marja was required to secure the succession.[12] The amendments were approved by referendum on the 28 July 1989 (on the same day as Akbar Hashemi Rafsanjani was elected to the first of two terms as President of Iran).[13]


See also

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References and notes

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  1. ^ "قانون". Archived from the original on 7 December 2006. Retrieved 6 December 2006.
  2. ^ http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
  3. ^ Mahmood T. Davari (1 October 2004). The Political Thought of Ayatollah Murtaza Mutahhari: An Iranian Theoretician of the Islamic State. Routledge. p. 138. ISBN 978-1-134-29488-6.
  4. ^ Eur (31 October 2002). The Middle East and North Africa 2003. Psychology Press. p. 414. ISBN 978-1-85743-132-2.
  5. ^ Constitutional Background Archived 7 January 2012 at the Wayback Machine Hauser Global Law School Program
  6. ^ "Constitutional Background". Archived from the original on 8 September 2006. Retrieved 5 September 2006.
  7. ^ a b Francis Fukuyama (28 July 2009). "Francis Fukuyama: Iranian constitution democratic at heart - WSJ". WSJ.
  8. ^ "A Detailed Analysis of Iran's Constitution - World Policy Institute". worldpolicy.org. Archived from the original on 6 May 2014. Retrieved 16 January 2012.
  9. ^ (Mehdi Nzar Pour & familiarity with constitutional law of Iran 2013, p. 20)
  10. ^ "Iran Chamber Society: Civil Society and the Rule of Law in the Constitutional Politics of Iran Under Khatami –Iranian president Mohammad Khatami". iranchamber.com.
  11. ^ Moin, Baqer, Khomeini, (2001), p.293
  12. ^ Brumberg, Daniel, Reinventing Khomeini: The Struggle for Reform in Iran by Daniel Brumberg, University of Chicago Press 2001, p.146
  13. ^ Abrahamian, Ervand, History of Modern Iran, Columbia University Press, 2008, p.183
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Category:Government of Iran Category:1979 in law Category:Law of Iran Category:Iranian Revolution Category:1979 documents Category:1979 in politics Category:December 1979 events in Asia Islamic Category:1979 in Iran Category:1970s in Iran

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