Political system of Iran before 1979
The political system of Iran before 1979 has been based on the constitutional monarchy as a form of government since the Constitutional Revolution of 1906 . The parliament consisted of two chambers, the Majles and the Senate . The deputies of the Majles (Majles Shora Melli) were elected by the people, the deputies of the Senate were half elected or appointed by the Shah . Both houses were involved in the legislation. However, the active political role in the legislation was played by the Majles.
According to the constitution, the Shah was the monarch at the head of the executive branch, that is to say the administration, the diplomatic service and the military. He had the right to appoint and dismiss ministers and to issue decrees and implementing regulations for the implementation of the laws passed by the parliamentary chambers.
The Constitution
The constitution of Iran, which was valid with some modifications until the establishment of the Islamic Republic of Iran after the Islamic Revolution in 1979, consists of the following documents:
- Royal decree of August 5, 1906.
- Electoral Act of September 5, 1906.
- Basic Law of December 30, 1906.
- Additions to the Basic Law of October 7, 1907.
- Electoral Act of July 1, 1909.
With the Royal Decree issued by Mozaffar ad-Din Shah on August 5, 1906, the formation of a parliament was ordered, whose delegates were elected in an electoral system structured according to estates. The estates were the princes of the royal family, doctors of the clergy ( ulama ), members of the Qajar family , members of the noble families, large landowners, merchants and members of the guilds. In just four weeks, an electoral law was drawn up by a commission convened for this purpose, according to which the elections for the first Iranian parliament were held. By December 30th, a constitution was drawn up that regulated the rights of parliament as well as the rights and obligations of members of parliament. The parliament should consist of the two chambers of the Majles and the Senate (the executive law on the formation of a Senate was only passed on May 18, 1950). On October 7, 1907, this Basic Law was amended. The supplement regulates:
- the Shia as the state religion
- the introduction of a council consisting of at least five clergymen who will review all laws passed by parliament for their conformity with Islam and, if necessary, declare them invalid,
- Tehran is the capital, the Iranian flag has the colors green, white and red and the lion with the sun as a national emblem
- the civil rights of residents of Iran
- the separation of powers into legislative, executive and jurisprudential branches
- the position, rights and duties of the monarch
- the role of government or ministers
- the organization of the judiciary
- the introduction of regional councils for the provinces
- the role of the army
The electoral law of September 5, 1906 was replaced by a new electoral law on July 1, 1909, which abolished elections according to class and regulates elections according to membership of the religious groups of Muslims, Christians, Jews and Zoroastrians recognized in the constitution . In addition, the exact course of the elections was reorganized and the number of representatives for the individual provinces of Iran was redefined. The total number of Members of Parliament was initially set at 120. The legislative period was two years. In 1925, 1934, 1947 and 1963 the electoral law was changed again. The number of MPs was increased to two hundred. In 1963 the active and passive right to vote for women was introduced.
According to the constitution, the clergy had a right of veto in the legislative process. Within the framework of a council of five clergymen elected by the members of parliament from a list of 20 clergymen, a body was to be formed that could review and, if necessary, reject all laws passed by parliament with regard to their compatibility with Islam. However, this body, which was introduced as part of the constitutional discussion of 1907 at the suggestion of Sheikh Fazlollah Nuri , was never elected and was therefore unable to exercise its function.
Constitutional bodies
From 1906 to 1979 the Iranian state was a constitutional monarchy organized on the principle of the separation of powers. The constitution clearly defined the roles of the Shah, the ministers and the two parliamentary chambers.
Head of state
The Shah was the head of state of the State of Iran. The Shah put the laws passed by the parliamentary chambers into force with his signature. He issued the implementing provisions for the laws by decree. He was also responsible for the appointment and dismissal of ministers, the signing of international treaties, the granting of promotions in the armed forces, the bestowal of medals and the right of grace to remit penalties within the framework of the legal provisions. He was in command of the armed forces and was responsible for declaring war and signing a peace treaty. The Shah was responsible for the production of coins.
government
The government exercised executive power in Iran. Although the Iranian constitution did not recognize the position of a prime minister, it had become common practice for the shah to appoint a prime minister first and then, on the prime minister's proposal, the remaining ministers. The ministers, including the prime minister, stood before the Majles for a vote of confidence. The Council of Ministers meets at least once a week. In addition to the specialist civil servants, each ministry has a secretariat, a personnel department and an accounting department. Iran is divided into provinces. The individual provinces are administered by a governor appointed by the prime minister.
houses of Parliament
The Iranian parliament was the legislative power. It consisted of two chambers, the Majles and the Senate . All laws of the Majles, with the exception of the budget, had to be approved by the Senate. Parliament was in charge of the government. It had the right to investigate and question, and could hold any minister accountable for misconduct. Technical committees were formed from the multitude of MPs.
The deputies of the Majles were elected by secret ballot. With the exception of representatives of religious minorities, candidates had to be Muslims, be able to read and write, be known in their constituency and be at least 30 years old and at most 70 years old. The Senate had 60 seats. 30 senators were elected like the deputies of the Majles. The remaining 30 senators were appointed by the Shah.
Judiciary
The courts of Iran exercised jurisdiction. The judges were appointed by the Shah. They were independent and not bound by any instructions. After the district courts, provincial courts could be invoked as a revision instance. The Supreme Court ruled as the final instance. He also exercised a kind of administrative jurisdiction in lawsuits against ministers. In addition to the civil courts and the criminal courts, there were special courts such as military courts and religious courts.
Constitution
The constitution of December 30, 1906 regulates the legislative power in 51 articles, which consists of a freely elected parliament and a senate. Half of the senators are freely elected by the population and half are appointed by the Shah.
Supplementary constitutional law
general part
The general part of the "Supplementary Constitutional Law" of October 8, 1907 regulates in 7 articles the questions of the state religion, the establishment of a council of clergy to review the laws passed by the parliament, the borders of the country, the capital as well as the flag and the state symbol. In § 7 it is determined that the foundations of the constitution, in accordance with § 16 of the Declaration of Human and Civil Rights, are the separation of powers and fundamental rights ("A society in which the guarantee of rights is not secured and the separation of powers is not established has none Constitution "), cannot be repealed.
Fundamental rights
The constitution guarantees "the entire population of Persia" basic rights, as they were first formulated in the declaration of human and civil rights . The catalog of basic rights is contained in the "Supplementary Constitutional Law" of October 8, 1907 under the section "Rights of the Persian People". In detail these are:
- § 8 - Equality before the law
- § 9 - Protection of life and property, home and honor
- § 10 - Protection against Arbitrary Arrest
- § 11 - Right to a fair trial
- § 12 - No punishment without law
- § 13 - Inviolability of the home
- § 14 - Free choice of residence
- § 15 - Protection of property
- § 16 - Protection of movable property
- § 17 - Protection of property
- § 18 - Freedom from science and teaching
- § 19 - Right to education through free attendance at school and university
- § 20 - Freedom of the press
- § 21 - Freedom of assembly and the freedom to form associations
- § 22 - Maintaining postal secrecy
- § 23 - Maintaining the secrecy of letters (telegrams)
- § 24 - Acceptance of Persian citizenship by foreigners
- § 25 - Right of appeal against civil servants
Separation of powers
Articles 26 to 34 define the division of state powers. Section 26 stipulates: "The powers of the country spring from the people ...."
Rights of the Persian ruler
Articles 35 to 57 determine the rights of the ruler (Shah) and the succession to the throne. Section 35 states: "Persian rulership is a trust entrusted to the people as a gift from God to the person of the ruler."
Ministers' rights and duties
Articles 58 to 70 define the rights, duties and responsibilities of ministers as part of the executive branch.
Judicial power
Articles 71 to 89 regulate the administration of justice by state courts and the rights and obligations of judges.
Provincial and sub-provincial diets
Articles 90 to 93 establish self-government through elected provincial and sub-provincial assemblies (city councils, local councils). This creates a subdivision of the state administration into three levels, the central administration by the central government and the national assembly, the provincial administration with the provincial councils and the local administration with city and municipal councils.
Taxes
Articles 94 to 103 regulate taxation. Section 94 states: "No tax is valid other than by law".
The army
Articles 104 to 107 regulate the basic provisions for the establishment of a standing army, conscription and the inviolability of territorial integrity by foreign armies.
Meaning and criticism
The importance of this first basic law of an Iranian state cannot be overestimated. It paved the way from absolutist monarchy to constitutional monarchy. In addition, it created the basis for a modern understanding of the state with a clear state structure and a precise description of the individual constitutional organs. The previous Islamic legal system, such as the jurisdiction by Sharia courts and spiritual judges, will be abolished. The source of justice is not the Koran, but the laws passed by an elected parliament. The citizens are granted protective rights and freedoms, which meant a complete break with the previous practice of feudal rights. The abolition of the Sharia courts also meant a complete break with previous legal practice. The fact that from now on laws will not "come from God" but will be passed by a parliament was a sacrilege that Khomeini took up in his later criticism of the constitution:
“The Islamic State is a state of law. In this form of government, sovereignty belongs solely to God. The law is nothing but the command of God "
Section 2 of the supplementary constitutional law grants the clergy a comprehensive right to review and control the legislation. A college of five clergymen are supposed to ensure that parliament does not pass laws that contradict Islam. The Parliament elects the College from a list submitted by the clergy. Because the decision-making power of who is a member of this examination body lies with Parliament, the clergy submit to the decision of the elected MPs and are not "above the law". This selection process ultimately led to the fact that this body was never filled because the clergy were unable or unwilling to agree on a list of 20 people from their midst, or because they did not want to submit to the decision-making power of non-clerics.
The protection of property is of particular importance in the constitution. In the absolutist monarchy that ruled Iran until the constitution was passed, the monarch considered the entire country, including its residents, to be his property. There was no separation between the monarch's private and state revenues. The monarch's private loans were taken out at the expense of the country and repaid from customs and tax revenues. The property rights, formulated in several articles of the constitution, formed the first building block of a property system .
See also
literature
- Ali Akbar Shamsse Aram: Elements of the Current Iranian System of Government. Heidelberg 1966 (Heidelberg, University, dissertation, July 19, 1966).
- Fatollah Khan Djalali: The constitutional and constitutional development of Persia in the 20th century. Berlin 2017, ISBN 978-3-7450-0667-4 , (edited version of the first edition Marburg 1934). (Details)
- Iran Today. A quarterly review. Vol. 1, No. 1, 1960, ZDB -ID 901765-3 , p. 60.
- The Mashruteh Constitution of Iran. epubli, Berlin 2014, ISBN 978-3-8442-9292-3 , (details) (Persian).
- Wilhelm Litten: The new Persian constitution. Overview of the previous legislative work of the Persian Parliament - Tehran 1907. epubli, Berlin 2014, ISBN 978-3-7375-0183-5 .
Web links
Individual evidence
- ↑ Shahrough Akhavi: Religion and Politics in Contemporary Iran. Clergy-State Relations in the Pahlavi Period. State University of New York Press, Albany NY 1980, ISBN 0-87395-408-4 , p. 26.
- ↑ Ayatollah Khomeini : The Islamic State (= Islamkundliche materials . Vol. 9). Schwarz, Berlin 1983, ISBN 3-922968-21-X , p. 52.