Recognition of Constitutional Law
(12 Azar 1358 /3 December 1979)
In spite of long historical background,Iran has just experienced two types of constitution up to now: Constitutional (Mashroute Movement) constitution and Islamic Republic Constitution.
The date of edition and ratification of the first Constitution refers to Constitutional Movement. Establishing a special committee by leaders of constitutional movement on Shahrivar 1285, (September 1906), regulations of first National Consultative election were adjusted. Afterwards, on 14 Mehr 1285 (7 October 1906), the first official session of National Consultative was held with 165 deputies , in Golestan Palace and Mozaffare-d-din shah’s address, the then king.
People’s anticipation of this National Consultative Parliament was to approach a new law to replace autocracy. Constitution Commission of Parliament on 4 Day 1285 (26 December 1906) invited government’s representatives to discuss the Constitution. By the end of this session, they agreed about all 51 objects in Constitution arranged in five chapters. On 8 Day 1285, (29 March 1906), Shah and Prince Mohammad Ali Mirza signed it and finally National Consultative provided the first Constitutional law.
Islamic Republic of Iran Constitution:
After Islamic Republic government was setteled, it was necessary to edit a Constitution that shows cultural, social, political and economical basis of Iran, based on Islamic believes. So, on 28 Mordad 1358 (19 August 1979), the “Final Surveying Assembly of Constitution” was established with 75 members.
On 24 Aban 1358 (15 November 1979), the constitutional law was approved by two third of “Final Surveying Assembly” and at last on 11th and 12th Azar 1358 (2nd and3rd December 1979), through a Referendum, Islamic Republic of Iran Constitution was confirmed with 99/5% yes votes.
In 1368, Constitution was reviewed and changed to 14 chapters and 177 articles. These chapters are as follows:
Chapter one: general principles, including fourteen articles.
Chapter two: language, writing, date and official flag of country, including 4 articles.
Chapter three: people right, including 24 articles.
Chapter four: economics and financial matters, including 13 articles.
Chapter five people’s ownership right and other related items, including 6 articles.
Chapter six: legislative power, this chapter including 38 articles and talks about two topics: first is about Islamic National Consultative and second topic is about powers and competency of Islamic National Consultative.
Chapter Seven: Councils, this section including seven articles.
Chapter Eight: Leader Council, including six articles.
Chapter Nine: Executive Power including 39 articles & involves two entries:
1. President and Ministers
2. Army & Guard Corps
Chapter Ten: Foreign Policy, including four articles.
Chapter Eleven: Judiciary Power, including nineteen articles.
Chapter Twelve: I.R.I.B
Chapter Thirteen: National Security Council.
Chapter Fourteen: Constitution Review
Each one of the last three numbers has one article. The first article connotes that:
The type of the Government of Iran is Islamic Republic that Iran's nation chose by giving a positive answer to it by 98/2 percent of the eligible voters in the referendum of 1358. This referendum, which was held on the 10th & 11th of Farvardin of that year, was upon the base of Iranians archaic belief in the governance of The Holy Quran's Right & Justice. It happened after the victorious Islamic Revolution under the leadership of its great Ayatollah Imam Khomeini.