Keywords = قانون اساسی
Number of Articles: 4
An Analysis of the Difficulties in Revising the Constitution of the Islamic Republic of Iran

An Analysis of the Difficulties in Revising the Constitution of the Islamic Republic of Iran

Volume 27, Issue 1, Spring 2024, Pages 29-52

https://doi.org/10.22034/ssq.2024.395813.4051

Mohammad Aryanmanesh, farhad Darvishi sehtalani

Abstract  Introduction
In a nation-state, the constitution is often viewed as the most direct embodiment of the social contract. Legislators regard its amendment as a means to accommodate evolving needs and demands. While the 1979/1358 Constitution of the Islamic of Iran did not acknowledge revisions, the 1989/1368 version introduced the principle of revision under Article 177. However, despite over three decades passing and the rapid societal and global changes, this constitution remains unamended. The apparent disinterest in revision seems to stem more from the inherent challenges associated with the principle of revision itself, rather than a lack of changing circumstances. Previous studies have not thoroughly detailed the process of revision and the subsequent steps. Recognizing this gap, this paper identifies the challenges inherent in the constitution and proposes solutions to overcome the difficulties.
Methodology
This study employs an ‘Exploratory Research’ methodology, transforming seemingly ordinary issues into a central ‘problem’ that becomes the focus of subsequent investigations. The methodology of this research emphasizes a ‘thick description’ as a crucial initial step. Such a description aims to examine the context of events and interpret their significance. In describing the 'problem' of revising Iran's constitution, the researcher engages in discerning layers of meaning, reinterpreting them, as well as analyzing actions and dialogues that held significance for all individuals involved in the process of ratifying the Constitution.
The primary question of this study is: What problems impede the revision of the Iran constitution? Given the historical perspective and the nature of the question posed, a ‘thick description’ is employed to identify problems. By analyzing diverse data, the study aims to elucidate certain ‘problems’ encountered in the revision of the Constitution of the Islamic Republic of Iran.
Result and Discussion
As per Article 177 of the Constitution, amendments are made in necessary instances following specific procedures. As inferred from this article, the review process itself, along with the institutions and authorities involved in it, constitute some of the factors that pose challenges and complications in its implementation:
 
The authority initiating the constitutional revision process: As per the stipulations of the Iranian Constitution, a comprehensive revision cannot occur without the directive of the Supreme Leader. Essentially, without his consent, partial amendments are only possible in instances explicitly stated as exceptions by the law. Furthermore, while the Supreme Leader is obliged to seek the advisory opinion of the Expediency Council, he retains the discretion to either accept or dismiss their suggestions.
Establishing the terms for Constitutional revision: The designation of certain provisions and issues as ‘non-revisable’ in Article 177 of the Constitution, when viewed broadly, may pose challenges for future generations in addressing societal needs. Concurrently, several principles, as per this article and subject to diverse and conflicting interpretations, could be deemed non-revisable, thereby rendering any form of revision seemingly impractical and superficial.
The composition of the Constitutional Revision Council and the problem of power centralization: At present, the Revision Council is projected to have around 87 members, with 17 of them being directly elected by the people.
The procedure of constitutional revision and the problem of ambiguity: The primary issue with the implementation of the constitutional revision procedure is the ambiguity stemming from the lack of clear guidelines in the law.
The process of approving constitutional amendments and the problem of public participation: Given that the Supreme Leader appoints nearly two-thirds of the Constitutional Revision Council members, it’s crucial to ensure diversity and consider various perspectives in their selection. This approach should reflect the opinions of the Iranian people, which is particularly important for the successful revision of the constitution.
 
In general, the primary objective of constitutional revision is to ensure the continuity of law and safeguard citizens’ rights across different periods. While Article 177 of the Constitution addresses this, several obstacles hinder the revision process. These include ambiguity in initiating the revision process, unclear guidelines on which articles can be revised, a structure that potentially centralizes power, limited circulation of elites, and minimal citizen participation in legal processes. These problems pose significant hurdles to the process. In fact, the magnitude of these legal and customary issues and ambiguities has made updating the Constitution a daunting task.
 

Challenges Facing the Establishing a Parliamentary Regime in the Legal system of Iran

Challenges Facing the Establishing a Parliamentary Regime in the Legal system of Iran

Volume 23, Issue 1, Spring 2020, Pages 7-32

Mohammad Reza Razaghi, Ahmad Habibnezhad, Mohsen Taheri

Abstract Transforming the organizing of the governmental institutions in the Islamic Republic of Iran into a parliamentary regime is a concern in which has been the focus of some writers and experts in recent years. In theoretical approaches, some see the Parliamentarization as a strategy to overcome the current problems, but some believe that the problems does not consider arising from the current regime's model in terms of the form of separation of powers and sometimes the problem has been known with the current Quasi-presidential regime and the necessity to move on to the requirements of real presidential regime. There are also two distinct views among the supporters of Parliamentarization: one that considers changing laws as an automatic setting of conditions for the efficient establishment of the parliamentary system and another view that believes it must be first prepared the conditions of the parliamentary system and then make change with less risk.
 
 

Strategic Assesment of Future Iraq

Strategic Assesment of Future Iraq

Volume 13, Issue 47, Spring 2010, Pages 177-212

Farzad Poursaeed

Abstract

Future Iraq is a resultant of past and present situation, tendencies and trends of the effective internal and external actors, the future chances and challenges and their positive and negative internal and regional effects. This essay tries to give a strategic assessment of the future Iraq through criticizing the idealist scenario which tells us about the new Iraqi constitution and the strategic aims defined by it for the future: creating democracy inside Iraq and peace seeking in its foreign policy. The writer has used the structuralism approach to investigate this scenario and to give a strategic assessment of the future Iraq. According to this approach, the history, geography, culture and political economy of Iraq confines the idealist scenario and causes a struggle between ideals and realities.

Human Security in the Constitution of the Islamic Republic of Iran

Human Security in the Constitution of the Islamic Republic of Iran

Volume 11, Issue 41, Autumn 2008, Pages 545-571

Farzad Poursaeed

Abstract Human security is the last paradigm of security studies in the 21st century and constitutes the new agenda for security studies. The current paper illustrates the place of human security, as a popular approach and based on long term satisfaction of the people, within the constitution of the Islamic Republic of Iran. To this end, the theoretical aspect of the issue is considered first and then under the light of this understanding, the relevant provisions of the constitution is considered. The author of this paper argues that the very idea of human security lies within the context of the constitution which sets the limits of national security and its boundaries and limits; it does not overlap or replace the national security.