Iran’ 1906-1907 Constitution

 

Over the past 47 years, the Islamic Republic of Iran has engaged in systematic abuses of human rights and the misappropriation of the nation’s wealth and resources. These actions have been carried out under the auspices of an Islamic constitution that not only mandates the enforcement of Islamic laws in various domains, such as civil and financial laws, but also grants the Supreme Leader the power to veto or ignore these laws. This constitution has been a central tool in maintaining control, despite being repeatedly challenged by the populace. On at least three notable occasions, there have been uprisings where the people have called for change. Additionally, the strengthening of the Iranian diaspora, under the leadership of the legitimate heir to the throne, Reza Shah II, has kept the issue of a “new constitution” alive. This issue has gained prominence especially after attempts to subvert the current regime and restore Reza Shah II as the legitimate ruler, highlighting the ongoing debate over Iran’s governance and legal framework

The Constitution of the Constitutional Monarchy of Iran was ratified in 1906 and its amendment in 1907. The 1906 Constitution primarily focused on the establishment of the National Consultative Assembly and defining its duties, and it begins with a short preamble initiated by the decree of Mozaffar ad-Din Shah for the establishment of a constitutional monarchy. This text does not formally begin with religious phrases, but in some printed or rewritten versions, religious phrases may have been informally added.

The 1907 amendment to the Constitution, ratified a year later, is a more comprehensive document that addresses the rights of the nation, the separation of powers, and religious issues. The preamble of this amendment also does not formally start with religious phrases, but its initial articles explicitly refer to religious matters. In some specific versions, religious phrases may have been informally added.

During the constitutional period, some documents and printed versions may start with phrases like “In the name of God the Almighty” due to writing customs or to garner religious support from the community. These phrases are usually seen in informal preambles or in versions published by religious institutions or scholars.

The political events and standstills during the reigns of Reza Shah and Mohammad Reza Shah, along with the Islamic

Revolution of 1979, highlight the detrimental effects of Islam and the clergy on Iran’s political processes. These influences hindered Iran’s modernization efforts, even among those who supported a constitutional monarchy. The establishment of Twelver Shia Islam as the state religion paved the way for social and political injustices and discrimination. Additionally, the second amendment to the 1906 constitution concerning the religious consultative assembly was often overlooked, yet it was a potential source of tension that ultimately led to the religious uprising in 1963 and the rise in popularity of Khomeini. Another significant issue emphasized by religious scholars was the succession of the monarchy to a male heir, which posed a potential threat to the continuity of governance.

Democracy and Common Law Frameworks: The United Kingdom exemplifies a democracy that operates without a unified, written constitution. Instead, it relies on an unwritten constitution composed of statutes, common law, conventions, and key historical documents such as the Magna Carta (1215) and the Bill of Rights (1689). These components collectively uphold principles like parliamentary sovereignty and the rule of law, guiding the democratic process without a singular codified document.

Similar to the UK, other democracies also function without a single formal constitution:

Revolution of 1979, highlight the detrimental effects of Islam and the clergy on Iran’s political processes. These influences hindered Iran’s modernization efforts, even among those who supported a constitutional monarchy. The establishment of Twelver Shia Islam as the state religion paved the way for social and political injustices and discrimination. Additionally, the second amendment to the 1906 constitution concerning the religious consultative assembly was often overlooked, yet it was a potential source of tension that ultimately led to the religious uprising in 1963 and the rise in popularity of Khomeini. Another significant issue emphasized by religious scholars was the succession of the monarchy to a male heir, which posed a potential threat to the continuity of governance.

• New Zealand: Governed by a combination of statutes, such as the Constitution Act 1986, common law, and established conventions, New Zealand lacks a consolidated constitutional document.
• Israel: While it does not possess a comprehensive written constitution, Israel operates under a series of Basic Laws that act as a de facto constitutional framework, supporting its democratic governance and parliamentary practices.

These nations illustrate how democratic systems can thrive on a foundation of evolving legal traditions and legislative frameworks, in contrast to countries like the United States, which adheres to a rigid, written constitution.

The Iranian Constitutional Law, in effect from 1906 until the 1979 Islamic Revolution, did not provide any legal mechanism for the deposition or removal of the monarch. The monarchy was hereditary and lifelong, and according to Article 44 of the constitutional amendment, the monarch was exempt from any responsibility, meaning he could not be prosecuted or removed. In practice, only in exceptional cases like during the Constitutional Revolution and the deposition of Mohammad Ali Shah in 1909, were such actions taken through revolutionary and military means and decisions by the assembly of constitutionalists, rather than based on a specific legal provision in the constitution. These actions were more revolutionary than legal.

The principles of the 1907 constitutional amendment primarily relate to the official religion, monarchy, and succession laws. These principles are as follows:

• Article 1: The official religion of Iran is Islam of the Ja’fari Twelver sect, and the Shah of Iran is obligated to acknowledge and promote it.
• Article 35: The monarchy is a divine trust given by the nation to the monarch.
• Article 36: The constitutional monarchy of Iran continues in the person of Sultan Mohammad Ali Shah Qajar and his descendants.
• Article 37: If the monarch has multiple male children, succession belongs to the eldest son whose mother is a princess and of Iranian origin. If there are no male children, the closest male in the royal family succeeds. If a male child is born later, succession legally reverts to him.
• Article 38: Upon the death of the Sultan, the crown prince can only personally assume the throne if he has reached the age of 18. Otherwise, a regent is chosen with the approval of the National Consultative Assembly and the Senate until the crown prince reaches the legal age.