An Overview on the Legislation Process in Iran Navid Sato LL.M. NYU School of Law

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

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?

History of Parliament in Iran Constitutional Revolution

Mozaffar o-Din Shah Qajar

The foundations of the first constitution of constitutionalism The decree of Mozaffar o-Din Shāh 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.

First Term (October 7th, 1906 – June 23rd, 1908)

Mohammad Ali Shāh

The Bahārestān (House of Majles) after bombardment

The last session of the Majles before the revolution, during its twenty-first round, was held on March 7, 1979

The Amendments of the 1906 Constitution Collapse of Qājār’s 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.

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

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.

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.

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

Summary of February and May 2004 Majles of Iran election results Orientation of candidates Votes % Seats Conservatives/Fundamentalist 156 Reformists 39 Independents 31 Elected in second round 59 Armenians recognized minority religion 2 Chaldean and Assyrian Catholic recognized minority religion 1 Jewish recognized minority religion Zoroastrian recognized minority religion Sufi Muslim/Dervish unrecognized minority religion Total (Turnout around 50 %) 290

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

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

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.

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

NATIONAL SECURITY AND INTELLIGENCE Supreme National Security Council Regular Army Islamic Revolutionary Guard Corps (IRGC) Ministry of Intelligence and Security (MOIS)

Relationship between Sharia and Law in the Constitution Article 4 All 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 93 The 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.

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.

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

Article 57 The 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 72 The 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 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.

Websites in Farsi http://www.rooznamehrasmi.ir http://www.ghavanin.ir/ http://www.majlis.ir/ http://www.majma.ir/ http://www.irisn.com/

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