Constitutional Law at Iran
Constitutional law in Iran is governed by the Constitution of the Islamic Republic of Iran, adopted in 1979 following the Iranian Revolution, and amended in 1989. Iran has a unique theocratic-republican system that combines Islamic principles with democratic elements. While the people elect a president and legislature, ultimate authority rests with the Supreme Leader, a religious figure with extensive powers rooted in Shi’a Islamic jurisprudence.
🇮🇷 Key Aspects of Constitutional Law in Iran
1. Nature of the State: Islamic Theocracy
The Constitution declares Iran an Islamic Republic, combining elements of Islamic theocracy and popular sovereignty.
Islamic law (Shari'a) is the foundation of all legislation.
Article 4 states that all laws must be based on Islamic criteria, interpreted by religious scholars.
2. Supreme Leader (Rahbar)
The Supreme Leader is the highest authority in Iran, with control over:
The military and security forces.
Judiciary appointments.
Media oversight.
Final authority on domestic and foreign policy.
Appointed for life by the Assembly of Experts, a clerical body elected by the people.
The Supreme Leader can overrule all other branches of government and is not directly elected by the public.
3. Executive Branch
President of Iran is directly elected every 4 years (maximum two consecutive terms).
The President is the highest-ranking official after the Supreme Leader but has limited authority, mostly over administrative affairs, economic policy, and international relations.
The President’s cabinet and executive actions must align with Islamic principles and are subject to oversight by other institutions.
4. Legislative Branch: Islamic Consultative Assembly (Majles)
Unicameral Parliament with 290 members elected by popular vote every 4 years.
Functions:
Pass laws, approve treaties, and oversee the executive.
All laws must be reviewed by the Guardian Council for compatibility with the Constitution and Islam.
5. Guardian Council
Consists of 12 members: 6 Islamic jurists appointed by the Supreme Leader and 6 lawyers nominated by the judiciary and approved by Parliament.
Functions:
Vets political candidates, including for Parliament and the presidency.
Reviews legislation for compliance with Islam and the Constitution.
Acts as a powerful gatekeeper and exerts major influence over elections and lawmaking.
6. Judiciary
Based on Islamic law, the judiciary is independent in theory but closely aligned with the ruling clerical establishment.
Head of the Judiciary is appointed by the Supreme Leader.
Courts include Revolutionary Courts, which handle political and national security cases.
The judiciary enforces Shari'a-based punishments (e.g., hudud, qisas) and has faced criticism for its handling of human rights and due process.
7. Expediency Discernment Council
A powerful advisory body that resolves conflicts between Parliament and the Guardian Council.
Also advises the Supreme Leader and plays a significant role in policymaking.
Members are appointed by the Supreme Leader.
8. Assembly of Experts
An elected body of 88 Islamic scholars, with the power to:
Appoint, oversee, and remove the Supreme Leader.
In practice, rarely challenges the Supreme Leader due to political alignment.
9. Fundamental Rights and Freedoms
The Constitution guarantees various rights within an Islamic framework:
Freedom of expression, assembly, and the press (within limits set by Islam).
Right to vote, fair trial, and access to education.
Recognition of religious minorities (Zoroastrians, Jews, Christians) and reserved parliamentary seats.
However, rights are heavily restricted, particularly for:
Women (e.g., dress codes, family law).
Political dissidents, journalists, and religious minorities not officially recognized (e.g., Bahá'ís).
Freedom of belief and religion is limited; apostasy and blasphemy are criminal offenses.
10. Amendments to the Constitution
Amendments require approval by the Supreme Leader and ratification by public referendum.
The 1989 amendment abolished the position of Prime Minister and strengthened the presidency, while also reinforcing the Supreme Leader's role.
⚖️ Recent Legal and Constitutional Issues
Protests and repression: Widespread demonstrations (e.g., 2022 Mahsa Amini protests) have highlighted tensions between constitutional rights and theocratic control.
Candidate disqualifications: The Guardian Council’s vetting of candidates has often excluded reformists and women.
Debates on reform: Discussions persist within Iran about reforming constitutional structures, but major change is unlikely without Supreme Leader support.
✅ Summary: Dual Structure
| Component | Religious Authority | Elected Authority |
|---|---|---|
| Head of State | Supreme Leader | President (limited power) |
| Law Review | Guardian Council | Parliament |
| Oversight | Assembly of Experts | People (indirectly) |
| Judiciary | Shari’a-based | Formal courts exist |
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