Simone Lawson
The Constitution of the Islamic Republic of Iran outlines the cultural, social, political, and economic institutions of Iranian society, based on Islamic principles and norms. This constitution differs from those of other countries in several ways, including its mixed system of government, where the executive, parliament, and judiciary are overseen by clerical bodies. The head of state, known as the rahbar or leader, is a ranking cleric with typical head-of-state duties and authority. The constitution also establishes an Islamic Consultative Assembly and various councils as decision-making and administrative organs, with the Assembly reviewing legislation for constitutionality and supervising elections. The Iranian constitution explicitly bans torture and coerced confessions, and it guarantees economic protection for all citizens. It also recognises Zoroastrian, Jewish, and Christian Iranians as religious minorities with the freedom to practice their faiths and act according to their canons in personal affairs and religious education.
| Characteristics | Values |
|---|---|
| Form of Government | Islamic Republic |
| Basis | Islamic principles and norms |
| Head of the State | Ranking cleric known as the rahbar, or leader |
| Executive Branch | Headed by the President |
| Judiciary | Overseen by the Council of Guardians |
| Legislative House | Unicameral |
| Elections | Supervised by the Council of Guardians |
| Religious Minorities | Zoroastrian, Jewish, and Christian Iranians are recognized |
| Torture | Forbidden |
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What You'll Learn
- Iran's constitution is based on Islamic principles and norms
- The head of state is a ranking cleric
- The President is the highest official after the Leader
- Islamic canon law specialists make up half of the Council of Guardians
- The constitution cannot be amended in areas related to the Islamic character of the political system
Iran's constitution is based on Islamic principles and norms
Iran's constitution is deeply rooted in Islamic principles and norms, which set it apart from the constitutions of other countries. The country's 1979 constitution established a mixed system of government, overseen by religious authorities, with the ultimate goal of creating an ideal Islamic society. This unique blend of religion and state power is a defining characteristic of Iran's constitutional framework.
The constitution explicitly mentions Sharia law, also known as Islamic principles, rules, and standards. It serves as the foundation for the country's judicial system, with the Assembly of Experts for Constitution declaring that the Quran and hadith are the central axis of the theocracy. The judicial system is tasked with upholding Islamic justice, and the executive branch is responsible for implementing the laws and ordinances of Islam.
The constitution also outlines the role of the Army and the Islamic Revolutionary Guard Corps, who are charged with guarding the country and fulfilling the ideological mission of jihad in God's path. Additionally, mass media is expected to promote Islamic culture and avoid any anti-Islamic content.
While the Iranian constitution guarantees equal rights for women, including legal, human, political, economic, social, and cultural rights, these rights are subject to "Islamic criteria." Similarly, freedom of the press is granted, but publications must not go against Islamic principles or the rights of the public.
The Iranian constitution also establishes a unique system of government, with a leader, or rahbar, at the top, who is a ranking cleric. The leader oversees both the state and oversight institutions and has significant authority. The president, who is elected by the people, heads the executive branch and is responsible for implementing the constitution. The Council of Guardians, composed of Islamic canon law specialists and civil jurists, acts as an upper legislative house, reviewing legislation for compliance with the constitution and Islamic law.
In conclusion, Iran's constitution is deeply influenced by Islamic principles and norms, shaping the country's political, social, and judicial systems. This fusion of religion and state power creates a unique constitutional framework that sets Iran apart from other countries.
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The head of state is a ranking cleric
The Constitution of Iran was established in 1979, following the Islamic revolution led by Grand Ayatollah Khomeini. The constitution outlines a mixed system of government, with the executive, parliament, and judiciary overseen by several bodies dominated by the clergy.
The head of state in Iran is a ranking cleric, known as the rahbar, or the Supreme Leader. This position was established by the 1979 Constitution, based on the concept of velayat-e faqih, expounded by Ayatollah Ruhollah Khomeini, the first leader of post-revolutionary Iran. The Supreme Leader is the highest political and religious authority in the country, above the president. The armed forces, judiciary, state media, and other key government organizations are all subject to the Supreme Leader.
The duties and authority of the Supreme Leader are equivalent to those of a typical head of state. According to the constitution, the Supreme Leader delineates the general policies of the Islamic Republic and supervises the legislature, judiciary, and executive branches. The current Supreme Leader, Ali Khamenei, has made final decisions on a wide range of issues, including the economy, environment, foreign policy, and education.
The Supreme Leader is appointed for life and was originally required to be the highest-ranking cleric in the religious laws of Usuli Twelver Shia Islam. However, in 1989, the constitution was amended to allow a lower-ranking cleric to hold this position. The Supreme Leader is selected by the Assembly of Experts, which is a body of over 80 members who serve eight-year terms and are authorized to elect, supervise, and if necessary, dismiss the Supreme Leader.
The Assembly of Experts is responsible for ensuring that the constitution is in conformity with Islamic requirements. This assembly, dominated by clerics, was established to provide a final evaluation of the constitution. The assembly members were voted on, and out of the 72 delegates, 55 were clerics, the majority of whom were Khomeini loyalists.
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The President is the highest official after the Leader
Iran is an Islamic republic with a mixed system of government, in which the executive, parliament, and judiciary are overseen by several bodies dominated by the clergy. The constitution of Iran combines concepts of both democracy and theocracy, with the country's leader being a ranking cleric known as the rahbar, or the Supreme Leader. The Supreme Leader is the highest political and religious authority in Iran, above the President.
The President of Iran is the head of government and the highest-ranking official after the Supreme Leader. The President is elected by universal adult suffrage for a four-year term and can only be re-elected once consecutively. The President is responsible for implementing the Constitution and acting as the head of the Executive Branch, except in matters directly related to the Leadership. The President selects the Council of Ministers for approval by the legislature and appoints a portion of the members of the Committee to Determine the Expediency of the Islamic Order. The President also serves as the chairman of the Supreme Council for National Security, which oversees the country's defence. The President and their ministers are responsible for the day-to-day administration of the government and the implementation of laws enacted by the legislature.
The President must be a native-born Iranian Shi'i and must possess a convinced belief in the fundamental principles of the Islamic Republic of Iran. The procedures for the presidential election are outlined by the Supreme Leader, and all candidates must be approved by the Council of Guardians, which is a twelve-member body consisting of clerics and lawyers selected or approved by the Supreme Leader. The President is required to gain the Supreme Leader's official approval before being sworn in by Parliament, and the Supreme Leader has the power to dismiss the President if they are impeached or found guilty of a constitutional violation.
The Supreme Leader makes the final decisions on various aspects of governance, including the economy, foreign policy, and the amount of transparency in elections. The Supreme Leader also controls regional policy and appoints ambassadors to Arab countries. The armed forces, judiciary, state media, and other key organizations, such as the Guardian Council and the Expediency Discernment Council, are subject to the Supreme Leader. The Supreme Leader guides the country, protecting it from heresy and ensuring the laws of Islam are followed.
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Islamic canon law specialists make up half of the Council of Guardians
The Constitution of Iran establishes the country as an Islamic republic, with the Quran and hadith as its "central axis". The country's 1979 constitution put in place a mixed system of government, in which the executive, parliament, and judiciary are overseen by several bodies dominated by the clergy.
The Guardian Council, also known as the Council of Guardians or Constitutional Council, is a 12-member council that wields significant power and influence in Iran. The council is composed of six Islamic clerics or faqīhs (experts in Islamic law) appointed by the Supreme Leader, and six jurists or lawyers specializing in different areas of law, nominated by the Chief Justice and approved by the Majlis (Iranian Parliament).
The Islamic canon law specialists, or faqīhs, within the Council of Guardians, play a crucial role in Iran's constitutional framework. They are responsible for interpreting and ensuring compliance with Islamic law, also known as Sharia law. These specialists hold veto power over legislation passed by the Majlis (parliament) and can nullify laws that contradict Islamic principles or the constitution. The council can also supervise elections and approve or disqualify candidates for various elections, including presidential and parliamentary elections.
The inclusion of Islamic canon law specialists as half of the Council of Guardians is a unique feature of Iran's constitution. It reflects the country's commitment to governing based on Islamic principles and ensuring that all laws align with Sharia law. This aspect of Iran's constitution sets it apart from other countries, as it integrates religious law with state law, giving Islamic scholars a direct role in the legislative process.
The influence of the Council of Guardians and its Islamic canon law specialists has been a source of controversy and criticism. The council has been accused of engineering election results by mass disqualifications of candidates and vetoing bills related to women's rights, electoral reform, and human rights. The lack of transparency in its decision-making has also eroded its legitimacy in the eyes of Iranians and the international community. Nonetheless, the council remains a powerful force in shaping Iran's political and legal landscape.
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The constitution cannot be amended in areas related to the Islamic character of the political system
Iran is a unitary Islamic republic with a mixed system of government, in which the executive, parliament, and judiciary are overseen by several bodies dominated by the clergy. The constitution of Iran, which was established in 1979, outlines the political, social, cultural, and economic institutions and their relations within Iranian society.
The Iranian constitution is unique in that it cannot be amended in areas related to the Islamic character of the political system. This is because the constitution strives to establish a single world community in accordance with the Qur'anic verse, " [t]his your community is a single community, and I am your Lord, so worship Me". The constitution also aims to assure the continuation of the struggle for the liberation of all deprived and oppressed peoples in the world.
The Iranian constitution guarantees the rejection of all forms of intellectual and social tyranny and economic monopoly, entrusting the destinies of the people to the people themselves to break with the system of oppression. This is reflected in the Qur'anic verse, " [h]e removes from them their burdens and the fetters that were upon them". The constitution outlines the consolidation of the foundations of Islamic government and proposes a new system of government.
In the Islamic view, government does not derive from the interests of a class nor does it serve the domination of an individual or group. Rather, it represents the crystallization of the political ideal of a people who bear a common faith and outlook, taking an organized form. The Iranian constitution is based on Islamic criteria, with the Quran and hadith as its central axis. The executive branch implements "the laws and ordinances of Islam", and the judicial system is based on Islamic justice.
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Frequently asked questions
Iran is an Islamic republic with one legislative house.
The Constitution of the Islamic Republic of Iran is based on Islamic principles and norms, which represent the aspirations of the Islamic Ummah.
A ranking cleric known as the rahbar, or leader, is at the head of the state and oversight institutions in Iran.
Zoroastrian, Jewish, and Christian Iranians are the only recognised religious minorities. They are free to perform their religious rites and ceremonies and act according to their own canon in matters of personal affairs and religious education.
The Iranian constitution forbids all forms of torture for the purpose of extracting confessions or acquiring information. It also prohibits compelling individuals to testify, confess, or take an oath.
