User:Glide08/Sandbox/PRIran
ART. 1. The form of government of Iran is that of a People's Republic led by the Working Class and founded on the alliance of workers, peasants, intellectuals, traders, students, craftsmen, petite bourgeoisie, artists, and soldiers, endorsed by the people of Iran on the basis of their longstanding belief in the sovereignty of truth and social justice, in the referendum of September 27 in the year 1946 of the Gregorian calendar [corresponding to Mehr 5 in the year 1325 of the solar Islamic calendar and Dhu al-Qi'dah 1 in the year 1365 of the lunar Islamic calendar], through the affirmative vote of a majority of 99.7% of eligible voters, held after the victorious People's Socialist Revolution led by the Party of the Masses of Iran.
ART. 2.
ART. 3. The frontiers, provinces, departments and districts of the Persian Empire cannot be altered save in accordance with the Law.
ART. 4. The capital of Iran is Tehrân.
ART. 5. The official colors of the Iranian flag are green, white and red, with the emblem of the Lion and the Sun.
ART. 6. The lives and property of foreign subjects residing on Iranian soil are guaranteed and protected, save in such contingencies as the laws of the land shall except.
ART. 7. The principles of the Constitution cannot be suspended either wholly or in part.
Rights of the Persian Nation.[edit]
Powers of the Realm.[edit]
ART. 26. The powers of the realm are all derived from the people; and the Fundamental Law regulates the employment of those powers.
ART. 27. The powers of the Realm are divided into three categories.
First, the legislative power, which is specially concerned with the making or amelioration of laws. This power is derived from His Imperial Majesty, the National Consultative Assembly, and the Senate, of which three sources each has the right to introduce laws, provided that the continuance thereof be dependent on their not being at variance with the standards of the ecclesiastical law, and on their approval by the Members of the two Assemblies, and the Royal ratification. The enacting and approval of laws connected with the revenue and expenditure of the kingdom are, however, specially assigned to the National Consultative Assembly. The explanation and interpretation of the laws are, moreover, amongst the special functions of the above-mentioned Assembly.
Second, the judicial power, by which is meant the determining of rights. This power belongs exclusively to the ecclesiastical tribunals in matters connected with the ecclesiastical law, and to the civil tribunals in matters connected with ordinary law.
Third, the executive power, which appertains to the King, that is to say, the laws and ordinances are carried out by the Ministers and State officials in the august name of His Imperial Majesty in such manner as the Law defines.
ART. 28. The three powers above mentioned shall ever remain distinct and separate from one another.
ART. 29. The special interests of each province, department and district shall be arranged and regulated, in accordance with special laws on this subject, by provincial and departmental councils (anjumans).
Rights of Members of the Assembly.[edit]
ART. 30. The deputies of the National Consultative Assembly and of the Senate represent the whole nation, and not only the particular classes, provinces, departments or districts which have elected them.
ART. 31. One person cannot at one and the same time enjoy membership of both Assemblies.
ART. 32. As soon as any deputy accepts any lucrative employment in the service of one of the departments of the government, he ceases to be a member of the Assembly, and his re-acceptance as a member of the Assembly depends on his resigning such government appointment, and being re-elected by the people.
ART. 33. Each of the two Assemblies has the right to investigate and examine every affair of state.
ART. 34. The deliberations of the Senate are ineffective when the National Consultative Assembly is not in session.
The Executive.[edit]
Art. 113. The President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive.
Art. 114. The President is elected for a four-year term by the direct vote of the people. He shall serve no more than two consecutive terms.
Art. 115. The President must be elected from among Citizens of the People's Republic of Iran who have the right to vote and to stand for election and who have reached the age of 35, possessing the following qualifications:
- (1) Iranian origin;
- (2) Iranian nationality;
- (3) administrative capacity and resourcefulness;
- (4) a good past-record;
- (5) trustworthiness;
- (6) convinced belief in the fundamental principles of the People's Republic of Iran.
Art. 116. Candidates nominated for the post of President must declare their candidature officially. Law lays down the manner in which the President is to be elected.
Art. 117. The President is elected by an absolute majority of votes polled by the voters.
If none of the candidates is able to win such a majority In the first round, a second round voting will take place in the following month.
In the second round only the candidates who received the greatest number of votes in the first round and, if only one candidate received the greatest number of votes in the first round, the candidates who received the second greatest number of votes in the first round, will participate.
If, however, some of the candidates securing the greatest or second greatest number of votes in the first round withdraw from the elections, the final choice will be between those candidates who won the greater number of votes than all the remaining candidates and, if only one candidate won the greater number of votes than all the remaining candidates, those candidates who won the second-greater number of votes than all the remaining candidates.
Art. 118. Responsibility for the supervision of the election, of the President lies with a supervisory body to be constituted by law.
Art. 119. The election of a new President must take place no later than one month before the end of the term of the outgoing President. In the interim period before the election of the new President and the end of the term of the outgoing President, the outgoing President will perform the duties of the President.
Article 121
The President must take the following oath and affix his signature to it at a session of the Islamic Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:
I, as President, solemnly swear, in the presence of the people of Iran, that I will guard the fruits of the People's Socialist Revolution, the order of the People's Republic and the Constitution of the country; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, and the support of truth and justice; that I will protect the freedom and dignity of all citizens and the rights that the Constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the country I will not shirk any necessary measure; that I will guard, as a pious and selfless trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me.
Article 122
The President, within the limits of his powers and duties, which he has by virtue of this Constitution or other laws, is responsible to the people and the People's Consultative Assembly.
Article 123
The President 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.
Article 124
The President may appoint Vice-Presidents for the performance of his constitutional duties. The Prime Minister shall be automatically appointed as the first Vice-President.
Article 125
The President or his legal representative has the authority to sign treaties, protocols, contracts, and agreements concluded by the Iranian government with other governments, as well as agreements pertaining to international organizations, after obtaining the approval of the Islamic Consultative Assembly.
Article 126
The President is responsible for national planning and budget and state employment affairs and may entrust the administration of these to others.
Article 127
In special circumstances, subject to approval of the Council of Ministers the President may appoint one or more special representatives with specific powers. In such cases, the decisions of his representative(s) will be considered as tee same as those of the President and the Council of Ministers.
Article 128
The ambassadors shall be appointed upon the recommendation of the foreign minister and approval of the President. The President signs the credentials of ambassadors and receives the credentials presented by the ambassadors ,of the foreign countries.
Article 129
The award of state decorations is a prerogative of the President.
Article 130
The President shall submit his resignation to the Chairman of the Senate and shall continue performing his duties until his resignation is accepted.
Article 131
In case of death, dismissal, resignation, absence, or illness lasting longer than two months of the President, or when his term in office has ended and a new president has not been elected due to some impediments, or similar other circumstances, the Prime Minister shall temporarily assume the powers and functions of the President. A new President shall be elected within a maximum period of fifty days, and the President elected in that election shall serve for the remainder of the original term. In case of death of the Prime Minister, or other matters which prevent him to perform his duties, the Council of Ministers shall appoint another Vice-President in his place.
Article 132
During the period when the powers and responsibilities of the President are assigned to the Prime Minister or the other Vice-President in accordance with Article 131, neither can the ministers be interpolated nor can a vote of no-confidence be passed against them. Also, neither can any step be undertaken for a review of the Constitution, nor a national referendum be held.
Article 133
The President will nominate, and after obtaining a vote of confidence from the National Consultative Assembly, appoint, a person as Prime Minister. The Prime Minister shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of the Vice-Presidents.
Article 133
Ministers will be appointed upon the recommendation of the Prime Minister and approval of the President, and will be presented to the Assembly for a vote of confidence. With the change of Assembly, a new vote of confidence will not be necessary. The number of ministers and the jurisdiction of each will be determined by law.
Article 134
The President is the head of the Council of Ministers. He supervises the work of the ministers and takes all necessary measures to coordinate the decisions of the government. With the cooperation of the ministers, he determines the programme and policies of the government and implements the laws. In the case of discrepancies, or interferences in the constitutional duties of the government agencies, the decision of the Council of Ministers at the request of the President shall be binding provided it does not call for an interpretation of or modification in the laws. The President is responsible to the Assembly for the actions of the Council of Ministers.
Article 135
The Prime Minister shall continue in office unless he is dismissed, or given a vote of no-confidence by the Assembly as a result of his interpolation, or a motion for a vote of no-confidence against him. The other ministers shall continue in office unless the Prime Minister's term in office has ended or they are dismissed, or given a vote of no-confidence by the Assembly as a result of their interpolation, or a motion for a vote of no-confidence against them. The resignation of the Council of Ministers, or that of each of them, shall be submitted to the President, and the Council of Ministers shall continue to function until such time as the new government is appointed. The President can appoint a caretaker for a maximum period of three months for the ministries having no minister.
Article 136
The President can dismiss the ministers and in such a case he must obtain a vote of confidence for the new minister(s) from the Assembly. In case half of the members of the Council of Ministers are changed after the government has received its vote of confidence from the Assembly, the government must seek a fresh vote of confidence from the Assembly.
Article 137
Each of the ministers is responsible for his duties to the President and the Assembly, but in matters approved by the Council of Ministers as a whole, he is also responsible for the actions of the others.
Article 138
In addition to instances in which the Council of Ministers or a single minister is authorized to frame procedures for the implementation of laws, the Council of Ministers has the right to lay down rules, regulations, and procedures for performing its administrative duties, ensuring the implementation of laws, and setting up administrative bodies. Each of the ministers also has the right to frame regulations and issue circular in matters within his jurisdiction and in conformity with the decisions of the Council of Ministers. However, the content of all such regulations must not violate the letter or the spirit of the law. The government can entrust any portion of its task to the commissions composed of some ministers. The decisions of such commissions within the rules will be binding after the endorsement of the President. The ratification and the regulations of the government and the decisions of the commissions mentioned under this Article shall also be brought to the notice of the Speaker of the Islamic Consultative Assembly while being communicated for implementation so that in the event he finds them contrary to law, he may send the same stating the reason for reconsideration by the Council of Ministers.
Article 139
The settlement, of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, and the Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.
Article 140
Allegations of common crimes against the President, his deputies, and the ministers will be investigated in common courts of justice with the' knowledge of the Islamic Consultative Assembly.
Article 141
The President, the deputies to the President, ministers, and government employees cannot hold more than one government position, and it is forbidden for them to hold any kind of additional post in institutions of which all or a part of the capital belongs to the government or public institutions, to be a member of the Islamic Consultative Assembly, to practice the profession of attorney or legal adviser, or to hold the post of president, managing director, or membership of the board of directors of any kind of private company, with the exception of cooperative companies affiliated to the government departments and institutions. Teaching positions in universities and research institutions are exempted from this rule.
Article 142
The assets of the Leader, the President, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.
Article 143
The Army of the Islamic Republic of Iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the Islamic Republic.
Article 144
The Army of the Islamic Republic of Iran must be an Islamic Army, i.e., committed to Islamic ideology and the people, and must recruit into its service individuals who have faith in the objectives of the Islamic Revolution and are devoted to the cause of realizing its goals.
Article 145
No foreigner will be accepted into the Army or security forces of the country.
Article 146
The establishment of any kind of foreign military base in Iran, even for peaceful purposes, is forbidden.
Article 147
In time of peace, the government must utilize the personnel and technical equipment of the Army in relief operations, and for educational and productive ends, and the Construction Jihad, while fully observing the criteria of Islamic justice and ensuring that such utilization does not harm the combat-readiness of the Army.
Article 148
All forms of personal use of military vehicles, equipment, and other means, as well as taking advantage of Army personnel as personal servants and chauffeurs or in similar capacities, are forbidden.
Article 149
Promotions in military rank and their withdrawal take place in accordance with the law.
Article 150
The Islamic Revolution Guards Corps, organized in the early days of the triumph of the Revolution, is to be maintained so that it may continue in its role of guarding the Revolution and its achievements. The scope of the duties of this Corps, and its areas of responsibility, in relation to the duties and areas of responsibility of the other armed forces, are to be determined by law, with emphasis on brotherly cooperation and harmony among them.
Article 151
In accordance with the noble Qur'anic verse:
(Prepare against them whatever force you are able to muster, and horses ready for battle, striking fear into God's enemy and your enemy, and others beyond them unknown to you but known to God... [8:60]). the government is oblige to provide a programme of military training, with all requisite facilities, fob all its citizens, in accordance with the Islamic criteria, in such a way that all citizens will always be able to engage in the armed defence of the Islamic Republic of Iran. The possession of arms, however, requires the granting of permission by the competent authorities.
Powers of the Tribunals of Justice.[edit]
ART. 71. The Supreme Ministry of Justice and the judicial tribunals are the places officially destined for the redress of public grievances, while judgment in all matters falling within the scope of the Ecclesiastical Law is vested in just mujtahids possessing the necessary qualifications.
ART. 72. Disputes connected with political rights belong to the judicial tribunals, save in such cases as the Law shall except.
ART. 73. The establishment of civil tribunals depends on the authority of the Law, and no one, on any title or pretext, may establish any tribunal contrary to its provisions.
ART. 74. No tribunal can be constituted save by the authority of the Law.
ART. 75. In the whole Kingdom there shall be only one Court of Cassation for civil cases, and that in the capital; and this Court shall not deal with any case of first instance, except in cases in which Ministers are concerned.
ART. 76. All proceedings of tribunals shall be public, save in cases where such publicity would be injurious to public order or contrary to public morality. In such cases, the tribunal must declare the necessity of sitting clausis foribus.
ART. 77. In cases of political or press offences, where it is desirable that the proceedings should be private, this must be agreed to by all the members of the tribunal.
ART. 78. The decisions and sentences emanating from the tribunals must be reasoned and supported by proof, and must contain the articles of the Law in accordance with which judgment has been given, and they must be read publicly.
ART. 79. In cases of political and press offences, a jury must be present in the tribunals.
ART. 80. The presidents and members of the judicial tribunals shall be chosen in such manner as the laws of justice determine, and shall be appointed by Royal Decree.
ART. 81. No judge of a judicial tribunal can be temporarily or permanently transferred from his office unless he be brought to judgment and his offence be proved, save in the case of his voluntary resignation.
ART. 82. The functions of a judge of a judicial tribunal cannot be changed save by his own consent.
ART. 83. The appointment of the Public Prosecutor is within the competence of the King, supported by the approval of the ecclesiastical judge.
ART. 84. The appointment of the members of the judicial tribunals shall be determined in accordance with the Law.
ART. 85. The presidents of the judicial tribunals cannot accept salaried posts under government, unless they undertake such service without recompense, always provided that [in this case also] there be no contravention of the Law.
ART. 86. In every provincial capital there shall be established a Court of Appeal for dealing with judicial matters in such wise as is explicitly set forth in the laws concerning the administration of justice.
ART. 87. Military tribunals shall be established throughout the whole Kingdom according to special laws.
ART. 88. Arbitration in cases of dispute as to the limitations of the functions and duties of the different departments of government shall, agreeably to the provisions of the Law, be referred to the Court of Cassation.
ART. 89. The Court of Cassation and other tribunals will only give effect to public, provincial, departmental and municipal orders and bye-laws when these are in conformity with the Law.
Provincial and Departmental Councils (anjumans).[edit]
ART. 90. Throughout the whole empire provincial and departmental councils (anjumans) shall be established in accordance with special regulations. The fundamental laws regulating such assemblies are as follows.
ART. 91. The members of the provincial and departmental councils shall be elected immediately by the people, according to the regulations governing provincial and departmental councils.
ART. 92. The provincial and departmental councils are free to exercise complete supervision over all reforms connected with the public interest, always provided that they observe the limitations prescribed by the Law.
ART. 93. An account of the expenditure and income of every kind of the provinces and departments shall be printed and published by the instrumentality of the provincial and departmental councils. Concerning the Finances.
ART. 94. No tax shall be established save in accordance with the Law.
ART. 95. The Law will specify the cases in which exemption from the payment of taxes can be claimed.
ART. 96. The National Consultative Assembly shall each year by a majority of votes fix and approve the Budget.
ART. 97. In the matter of taxes there shall be no distinction or difference amongst the individuals who compose the nation.
ART. 98. Reduction of or exemption from taxes is regulated by a special law.
ART. 99. Save in such cases as are explicitly excepted by Law, nothing can on any pretext be demanded from the people save under the categories of state, provincial, departmental and municipal taxes.
ART. 100. No order for the payment of any allowance or gratuity can be made on the Treasury save in accordance with the Law.
ART. 101. The National Consultative Assembly shall appoint the members of the Financial Commission for such period as may be determined by the Law.
ART. 102. The Financial Commission is appointed to inspect and analyze the accounts of the Department of Finance and to liquidate the accounts of all debtors and creditors of the Treasury. It is especially deputed to see that no item of expenditure fixed in the Budget exceeds the amount specified, or is changed or altered, and that each item is expended in the proper manner. It shall likewise inspect and analyze the different accounts of all the departments of State, collect the documentary proofs of the expenditure indicated in such accounts, and submit to the National Consultative Assembly a complete statement of the accounts of the Kingdom, accompanied by its own observations.
ART. 103. The institution and organization of this commission shall be in accordance with the Law.
The Army.[edit]
ART. 104. The Law determines the manner of recruiting the troops, and the duties and rights of the military, as well as their promotion, are regulated by the Law.
ART. 105. The military expenditure shall be approved every year by the National Consultative Assembly.
ART. 106. No foreign troops may be employed in the service of the State, nor may they remain in or pass through any part of the Kingdom save in accordance with the Law.
ART. 107. The military cannot be deprived of their rights, ranks or functions save in accordance with the Law.
(Copy of the august Imperial Rescript.) "In the Name of God, blessed and exalted is He.
"The complementary provisions of the Fundamental Code of Laws have been perused and are correct. Please God, our Royal Person will observe and regard all of them. Our sons and successors also will, please God, confirm these sacred laws and principles.