An Overview on the Legislation Process in Iran

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An Overview on the Legislation Process in Iran

• Navid Sato
• LL.M.
• NYU School of Law

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Summary

• History of Parliament (Majles) in Iran
• The Structure of Power in Iran
• Relationship of Sharia and Law in the
  Constitution
• Legislation Process in Iran
• Outlines of Important Codes

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Issues in regard to Iranian Legal System

• What is the law of Iran? Is it Sharia or Is it
  translation of French code?
• What was the legislation process in Iran before
  the revolution?
• What is the complex structure of Iranian
  government?
• What is the legislation process in Iran?

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History of Parliament in Iran

• Constitutional Revolution

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Mozaffar o-Din Shah Qajar
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The foundations of the first constitution of
constitutionalism

• The decree of Mozaffar o-Din Shah on August 5,
  1906
• The Constitution drafted by a commission
  including selected members of the first Majles
  and the King, on November 30, 1906 and its
  amendments
• The 1907 Supplement of the Constitution enacted
  by the member of the Majles.
• The election law dated November 4, 1911.

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First Term (October 7th, 1906 June 23rd, 1908)
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Mohammad Ali Shah
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The Baharestan (House of Majles) after bombardment
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• The last session of the Majles before the
  revolution, during its twenty-first round, was
  held on March 7, 1979

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The Amendments of the 1906 Constitution

• Collapse of Qajars reign and revision of the
  Constitution in 1925
• Revision of the Constitution in 1949 which on the
  basis of that Shah could dissolve the Majles and
  also Senate in practice as an upper house
  established.

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The Structure of Power in Iran
An Overview on the Legislation Process in Iran -
Navid Sato
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PRESIDENT

• The president is the second highest ranking
  official in Iran
• is responsible for setting the country's economic
  policies determined by the Supreme Leader
• has nominal rule over the Supreme National
  Security Council and the Ministry of Intelligence
  and Security
• 8 vice presidents serve under the president, as
  well as a cabinet of 22 ministers
• is obliged to sign legislation approved by the
  Assembly or the result of a referendum, after the
  (related) legal procedures have been completed
  and it has been communicated to him. After
  signing, he must forward it to the responsible
  authorities for implementation.

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SUPREME LEADER(Article 110)

• is responsible for the delineation and
  supervision of "the general policies of the
  Islamic Republic of Iran
• is commander-in-chief of the armed forces and
  controls the Islamic Republic's intelligence and
  security operations
• can declare war or peace
• has the power to appoint and dismiss the leaders
  of the judiciary, the state radio and television
  networks, and the supreme commander of the
  Islamic Revolutionary Guard Corps
• appoints six of the twelve members of the Council
  of Guardians
• Resolving the problems, which cannot be solved by
  conventional methods, through the Council of
  Expediency.

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ISLAMIC CONSULTATIVE ASSEMBLY (Majles)

• Legislative body whose 290 members are publicly
  elected every four years (Council of Guardians
  closely controls the election of the Majles)
• It drafts legislation, ratifies international
  treaties, and approves the country's budget
• The Parliament is held in check by the Council of
  Guardians

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COUNCIL OF GUARDIAN

• 12 jurists comprise the Council of Guardian, six
  of whom are appointed by the Supreme Leader. The
  head of the judiciary recommends the remaining
  six, which are officially appointed by the
  Parliament
• Authority to interpret the constitution
• It determines if the laws passed by Parliament
  are in line with sharia and the Constitution
• It also supervises the candidacy of Presidential,
  Parliament, and Assembly of Experts elections

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EXPEDIENCY COUNCIL

• the Expediency Council serves as an advisory body
  to the Supreme Leader, making it one of the most
  powerful governing bodies in the country, at
  least in name.
• The Supreme Leader appoints the 34 members of the
  Council

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ASSEMBLY OF EXPERTS

• consists of 86 "virtuous and learned" clerics
  elected by the public to eight-year terms. Like
  presidential and parliamentary elections, the
  Council of Guardian determines who can run for a
  seat in the assembly.
• it monitors his performance and remove him if he
  is deemed incapable of fulfilling his duties.

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JUDICIARY

• The judiciary branch of Iran's government is
  largely controlled by the Supreme Leader
• The judiciary ensures that the Islamic laws are
  enforced and defines legal policy
• It also nominates the six lay members of the
  Guardian Council
• Public courts
• Revolutionary" courts

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NATIONAL SECURITY AND INTELLIGENCE

• Supreme National Security Council
• Regular Army
• Islamic Revolutionary Guard Corps (IRGC)
• Ministry of Intelligence and Security (MOIS)

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Relationship between Sharia and Law in the
Constitution

• Article 4All civil, penal financial, economic,
  administrative, cultural, military, political,
  and other laws and regulations must be based on
  Islamic criteria. This principle applies
  absolutely and generally to all articles of the
  Constitution as well as to all other laws and
  regulations, and the fuqaha' of the Council of
  Guardian are judges in this matter.
• Article 93The Islamic Consultative Assembly does
  not hold any legal status if there is no Council
  of Guardian in existence, except for the purpose
  of approving the credentials of its members and
  the election of the six jurists on the Guardian
  Council.

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Article 96

• The determination of compatibility of the
  legislation passed by the Islamic Consultative
  Assembly with the laws of Islam rests with the
  majority vote of the fuqaha' on the Guardian
  Council and the determination of its
  compatibility with the Constitution rests with
  the majority of all the members of the Guardian
  Council.

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Legislation Process in Iran

• The Right of National Sovereignty and the Powers
  Deriving There from (Chapter V)
• Absolute sovereignty over the world and man
  belongs to God , and it is He Who has made man
  master of his own social destiny. No one can
  deprive man of this divine right, nor subordinate
  it to the vested interests of a particular
  individual or group. The people are to exercise
  this divine right in the manner specified in the
  following articles

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• Article 57The powers of government in the
  Islamic Republic are vested in the legislature,
  the judiciary, and the executive powers,
  functioning under the supervision of the absolute
  wilayat al-'amr and the leadership of the Ummah,
  in accordance with the forthcoming articles of
  this Constitution. These powers are independent
  of each other.
• Article 72The Islamic Consultative Assembly
  cannot enact laws contrary to the usul and ahkam
  of the official religion of the country or to the
  Constitution. It is the duty of the Guardian
  Council to determine whether a violation has
  occurred, in accordance with Article 96.
• Article 96The determination of compatibility of
  the legislation passed by the Islamic
  Consultative Assembly with the laws of Islam
  rests with the majority vote of the fuqaha' on
  the Guardian Council and the determination of
  its compatibility with the Constitution rests
  with the majority of all the members of the
  Guardian Council.

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Websites in Farsi

• http//www.rooznamehrasmi.ir
• http//www.ghavanin.ir/
• http//www.majlis.ir/
• http//www.majma.ir/
• http//www.irisn.com/

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Websites in English

• http//www.iran-law.com/
• http//www.parstimes.com/law/Iran_law.html
• http//www.loc.gov/law/guide/iran.html
• http//www.washlaw.edu/forint/asia/iran.html
• Please refer to the handout for more information