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Iran
CONSTITUTIONAL FRAMEWORK
The government is based upon the Constitution that was approved
in a national referendum in December 1979. This republican Constitution
replaced the 1906 constitution, which, with its provisions for
a shah to reign as head of state, was the earliest constitution
in the Middle East. Soon after the Revolution, however, on March
30 and 31, 1979, the provisional government of Mehdi Bazargan
asked all Iranians sixteen years of age and older to vote in a
national referendum on the question of whether they approved of
abolishing the monarchy and replacing it with an Islamic republic.
Subsequently, the government announced that a 98- percent majority
favored abrogating the old constitution and establishing such
a republic. On the basis of this popular mandate, the provisional
government prepared a draft constitution drawing upon some of
the articles of the abolished 1906 constitution and the French
constitution written under Charles de Gaulle in 1958. Ironically,
the government draft did not allot any special political role
to the clergy or even mention the concept of velayat-e faqih.
Although the provisional government initially had advocated a
popularly elected assembly to complete the Constitution, Khomeini
indicted that this task should be undertaken by experts. Accordingly
the electorate was called upon to vote for an Assembly of Experts
from a list of names approved by the government. The draft constitution
was submitted to this seventy-three member assembly, which was
dominated by Shia clergy. The Assembly of Experts convened in
August 1979 to write the constitution in final form for approval
by popular referendum. The clerical majority was generally dissatisfied
with the essentially secular draft constitution and was determined
to revise it to make it more Islamic. Produced after three months
of deliberation, the final document, which was approved by a two-
thirds majority of the Assembly of Experts, differed completely
from the original draft. For example, it contained provisions
for institutionalizing the office of supreme religious jurist,
or faqih, and for establishing a theocratic government.
The first presidential elections took place in January 1980,
and elections for the first Majlis were held in March and May
of 1980. The Council of Guardians, a body that reviews all legislation
to ensure that laws are in conformity with Islamic principles,
was appointed during the summer of 1980. Presidential elections
were held again in 1981 and 1985. The second Majlis was elected
in 1984.
Data as of December 1987
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