Omar Bennett
The Constitution of the Islamic Republic of Iran was written in 1979 following the Islamic Revolution. The preliminary draft was structured like the 1958 constitution of the French Fifth Republic with a separation of powers among the executive, judicial, and parliamentary branches. The final version of the constitution was amended and went into force in 1989, replacing the Constitution of 1906.
| Characteristics | Values |
|---|---|
| Date of adoption | 2 and 3 December 1979 |
| Referendum date | 30 and 31 March 1979 |
| Number of articles | 175 (amended to 177 in 1989) |
| Number of chapters | 12 (amended to 14 in 1989) |
| Date of amendment | 28 July 1989 |
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What You'll Learn
- The Constitution of the Islamic Republic of Iran was adopted by referendum on 2 and 3 December 1979
- The preliminary draft was structured like the 1958 constitution of the French Fifth Republic
- The Assembly for the Final Review of the Constitution was established for a final evaluation
- The Constitution was amended on 28 July 1989, changing Articles 5, 107, 109, and 111
- The Constitution provides for leadership under all conditions, recognised by the people as a lender
The Constitution of the Islamic Republic of Iran was adopted by referendum on 2 and 3 December 1979
The constitution-making process began in January 1979 when Hassan Habibi presented an initial draft to Khomeini in Paris, where the latter was in exile. This draft was structured similarly to the 1958 constitution of the French Fifth Republic, with a separation of powers among the executive, judicial, and parliamentary branches. Upon his return to Iran, Khomeini reworked the draft with two different commissions, and on 14 June 1979, the provisional government published the official preliminary version.
During a joint summit between the provisional government and the Superieur Council of Revolution, Khomeini announced that only revered jurists could determine whether the constitution conformed to Islamic requirements. An Assembly for the Final Review of the Constitution was established, with 72 delegates, 55 of whom were clerics and Khomeini loyalists. The assembly's task was to perform a final evaluation of the constitution.
The Constitution of the Islamic Republic of Iran is the supreme law of the country. It originally consisted of 175 articles in 12 chapters but was amended in 1989 to include 177 articles across 14 chapters. The constitution provides for leadership under all conditions, with sovereignty vested in God and the Leader recognised as the highest public official. It mandates popular elections for the presidency and parliament, although democratic procedures and rights are subordinate to the Guardian Council and the Supreme Leader, whose powers are outlined in Chapter Eight.
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The preliminary draft was structured like the 1958 constitution of the French Fifth Republic
The Constitution of the Islamic Republic of Iran was adopted by referendum on 2 and 3 December 1979. Work on the constitution began during the revolution that overthrew the Pahlavi regime and brought Ayatollah Ruhollah Khomeini to power.
A preliminary draft was begun by Hassan Habibi in Paris, while Khomeini was still in exile there. This draft was structured like the 1958 Constitution of the French Fifth Republic, which was adopted on 4 October 1958. The French constitution was drafted by Michel Debré and introduced by Charles de Gaulle, who was the driving force behind the new constitution. De Gaulle was a private citizen when he conceived of the idea for a new constitution, in response to the crisis in Algeria and the military coup of 13 May, which revealed the weaknesses of the previous constitution. De Gaulle's vision was for a more powerful executive and a weaker parliament, with the aim of creating a more stable government. The French constitution has been amended twenty-five times, most recently in 2024, and it continues to govern the country's modern-day political system.
The Iranian preliminary draft, modelled after the French constitution, included a separation of powers among the executive, judicial, and parliamentary branches. This draft was presented to Khomeini in January 1979 when he returned to Iran. It was then reworked by two different commissions before being published on 14 June 1979 by the provisional government of Mehdi Bazargan as the official preliminary draft of the constitution.
The Assembly for the Final Review of the Constitution was established to conduct a final evaluation of the Iranian constitution. The assembly members were voted on in the summer of 1979, and out of the 72 delegates, 55 were clerics, almost all of them Khomeini loyalists. The final constitution, adopted by referendum in December 1979, replaced the Constitution of 1906 and consisted of 175 articles in 12 chapters. It has been described as a hybrid regime, combining theocratic and democratic elements.
The Iranian constitution was amended once, on 28 July 1989, to include 177 articles in 14 chapters. The amendments eliminated the need for the Supreme Leader to be chosen by popular acclaim and removed the post of Prime Minister.
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The Assembly for the Final Review of the Constitution was established for a final evaluation
The Constitution of the Islamic Republic of Iran was adopted by referendum on 2 and 3 December 1979. It replaced the Constitution of 1906 and has been amended only once, on 28 July 1989.
The Assembly for the Final Review of the Constitution (AFRC) was a constituent assembly in Iran that was convened in 1979 to condense and ratify the draft prepared beforehand for the Constitution of the Islamic Republic of Iran. The elections to the assembly were held by the Interim Government of Iran in August 1979, resulting in a landslide victory for the Islamist disciples of Ruhollah Khomeini. The assembly was composed of 73 seats, including four reserved for ethnoreligious minorities and the rest representing provincial constituencies based on population.
The assembly's work was part of a highly contentious time during the Iranian Revolution, which saw the breakup of the original alliance of secular, radical, religious, and theocratic groups that united to overthrow the Shah. The assembly's main task was to evaluate the constitution of Iran and determine whether it conformed to Islamic requirements. This was to be exclusively decided by revered jurists, according to Khomeini.
The preliminary draft of the constitution was written by Hasan Habibi and presented to Khomeini in January 1979 when he was still in exile in Paris. It was structured similarly to the 1958 constitution of the French Fifth Republic, with a separation of powers among the executive, judicial, and parliamentary branches. However, Khomeini made some changes, including barring women from the presidency and judgeships. The preliminary draft also did not give clerics an important role in the new state structure.
The assembly's work resulted in the inclusion of principles of Guardianship of the Islamic Jurists (velayat-e faqih) and established the basis for a state dominated by the Shia clergy. Despite opposition, Khomeini's theory was added to the constitution, with the article passing with 53 votes in favour, 8 against, and 5 abstentions.
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The Constitution was amended on 28 July 1989, changing Articles 5, 107, 109, and 111
The Constitution of the Islamic Republic of Iran was adopted by referendum on 2 and 3 December 1979, replacing the Constitution of 1906. It was amended on 28 July 1989, with the approval of Iranian voters, and the changes went into effect. The amendments were made to Articles 5, 107, 109, and 111.
Article 5 and Article 109 pertain to the qualifications and selection of the Leader. Article 109 stipulates that the Leader must possess the "scholarship, as required for performing the functions of mufti in different fields of fiqh", meaning that only a high-level cleric of Islamic law may be the Leader. The 1989 amendment to Article 5 and Article 109 eliminated the need for the Supreme Leader to be a Marja' chosen by popular acclaim. Instead, the task of appointing the Leader is given to experts elected by the people.
Article 107 outlines the powers of the Supreme Leader and the Guardian Council. Before the 1989 amendment, Article 107 called for the leader to be someone who was "accepted as a marja' and Leader by a decisive majority of the people". If such a person could not be found, a "leadership council" of marja' would be appointed.
Article 111 of the Constitution, prior to the amendment, called for the appointment of a Prime Minister. The 1989 amendment eliminated this post.
The 1989 amendments also made permanent the Expediency Discernment Council, which works to resolve disagreements between the Parliament and the Council of Guardians.
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The Constitution provides for leadership under all conditions, recognised by the people as a lender
The Constitution of the Islamic Republic of Iran was drafted in 1979 following the fall of the Pahlavi regime and the return of Ayatollah Ruhollah Khomeini to Iran. The constitution was adopted by referendum on 2 and 3 December 1979 and replaced the Constitution of 1906.
The original constitution was made up of 175 articles in 12 chapters, but it was amended in 1989 to include 177 articles in 14 chapters. One of the amendments made by Ayatollah Khomeini was to Article 107, which eliminated the need for the Supreme Leader to be chosen by popular acclaim. Instead, the leader must possess the necessary scholarship to perform the functions of a mufti in different fields of fiqh, as outlined in Article 109.
The Constitution of Iran has been described as a hybrid regime that combines theocratic and democratic elements. While Articles One and Two vest sovereignty in God, Article Six mandates popular elections for the presidency and parliament. The main democratic procedures and rights are subordinate to the Guardian Council and the Supreme Leader, whose powers are outlined in Chapter Eight.
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Frequently asked questions
The Constitution of the Islamic Republic of Iran was written in 1979, following the victory of the Islamic Revolution led by Ayatollah Ruhollah Khomeini.
The Iranian constitution was adopted by referendum on December 2 and 3, 1979, and replaced the Constitution of 1906.
Yes, the Iranian constitution was amended on July 28, 1989, with changes made to Articles 5, 107, 109, and 111.
