An Overview on the An Overview on the Legislation Legislation

Process in IranProcess in Iran

Navid SatoNavid Sato

LL.M. LL.M.

NYU School of LawNYU School of Law

SummarySummary

►History of Parliament (Majles) History of Parliament (Majles) in Iranin Iran

►The Structure of Power in IranThe Structure of Power in Iran►Relationship of Sharia and Law Relationship of Sharia and Law in the Constitutionin the Constitution

►Legislation Process in IranLegislation Process in Iran►Outlines of Important CodesOutlines of Important Codes

Issues in regard to Issues in regard to Iranian Legal SystemIranian Legal System

►What is the law of Iran? Is it What is the law of Iran? Is it Sharia or Is it translation of Sharia or Is it translation of French code?French code?

►What was the legislation process What was the legislation process in Iran before the revolution?in Iran before the revolution?

►What is the complex structure of What is the complex structure of Iranian government? Iranian government?

►What is the legislation process What is the legislation process in Iran?in Iran?

History of Parliament in History of Parliament in Iran Iran

►Constitutional RevolutionConstitutional Revolution

Mozaffar o-Din Shah QajarMozaffar o-Din Shah Qajar

The foundations of the The foundations of the first constitution of first constitution of constitutionalism constitutionalism

► The decree of Mozaffar o-Din ShThe decree of Mozaffar o-Din Shāāh on h on August 5, 1906August 5, 1906

► The Constitution drafted by a The Constitution drafted by a commission including selected members commission including selected members of the first Majles and the King, on of the first Majles and the King, on November 30, 1906 and its amendments November 30, 1906 and its amendments

► The 1907 Supplement of the The 1907 Supplement of the Constitution enacted by the member of Constitution enacted by the member of the Majles. the Majles.

► The election law dated November 4, The election law dated November 4, 1911. 1911.

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

Mohammad Ali Shāh

The Bahārestān (House of Majles) after bombardment

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

The Amendments of the The Amendments of the 1906 Constitution1906 Constitution

►Collapse of QCollapse of Qāājjāār’s reign and r’s reign and revision of the Constitution in revision of the Constitution in 1925 1925

►Revision of the Constitution in Revision of the Constitution in 1949 which on the basis of that 1949 which on the basis of that Shah could dissolve the Majles Shah could dissolve the Majles and also Senate in practice as and also Senate in practice as an upper house established. an upper house established.

The Structure of Power The Structure of Power in Iranin Iran

An Overview on the Legislation Process in Iran - Navid Sato

PRESIDENTPRESIDENT

► The president is the second highest ranking official The president is the second highest ranking official in Iranin Iran

► is responsible for setting the country's economic is responsible for setting the country's economic policies determined by the Supreme Leaderpolicies determined by the Supreme Leader

► has nominal rule over the Supreme National Security has nominal rule over the Supreme National Security Council and the Ministry of Intelligence and Council and the Ministry of Intelligence and Security Security

► 8 vice presidents serve under the president, as well 8 vice presidents serve under the president, as well as a cabinet of 22 ministersas a cabinet of 22 ministers

► is obliged to sign legislation approved by the is obliged to sign legislation approved by the Assembly or the result of a referendum, after the Assembly or the result of a referendum, after the (related) legal procedures have been completed and (related) legal procedures have been completed and it has been communicated to him. After signing, he it has been communicated to him. After signing, he must forward it to the responsible authorities for must forward it to the responsible authorities for implementation. implementation.

SUPREME LEADERSUPREME LEADER(Article 110)(Article 110)

► is responsible for the delineation and supervision of is responsible for the delineation and supervision of "the general policies of the Islamic Republic of Iran”"the general policies of the Islamic Republic of Iran”

► is commander-in-chief of the armed forces and is commander-in-chief of the armed forces and controls the Islamic Republic's intelligence and controls the Islamic Republic's intelligence and security operations security operations

► can declare war or peace can declare war or peace ► has the power to appoint and dismiss the leaders of has the power to appoint and dismiss the leaders of the judiciary, the state radio and television the judiciary, the state radio and television networks, and the supreme commander of the Islamic networks, and the supreme commander of the Islamic Revolutionary Guard Corps Revolutionary Guard Corps

► appoints six of the twelve members of the Council of appoints six of the twelve members of the Council of Guardians Guardians

► Resolving the problems, which cannot be solved by Resolving the problems, which cannot be solved by conventional methods, through the Council of conventional methods, through the Council of Expediency. Expediency.

ISLAMIC CONSULTATIVE ISLAMIC CONSULTATIVE ASSEMBLY (Majles)ASSEMBLY (Majles)

►Legislative body whose 290 members Legislative body whose 290 members are publicly elected every four are publicly elected every four years (Council of Guardians closely years (Council of Guardians closely controls the election of the Majles)controls the election of the Majles)

►It drafts legislation, ratifies It drafts legislation, ratifies international treaties, and approves international treaties, and approves the country's budgetthe country's budget

►The Parliament is held in check by The Parliament is held in check by the Council of Guardians the Council of Guardians

Summary of February and May 2004 Majles of Iran election results

Orientation of candidatesOrientation of candidates VotesVotes %% SeatsSeats

Conservatives/FundamentalistConservatives/Fundamentalist 156156

ReformistsReformists 3939

IndependentsIndependents 3131

Elected in second roundElected in second round 5959

Armenians recognized minority religionArmenians recognized minority religion 22

Chaldean and Assyrian Catholic recognized minority religionChaldean and Assyrian Catholic recognized minority religion 11

Jewish recognized minority religionJewish recognized minority religion 11

Zoroastrian recognized minority religionZoroastrian recognized minority religion 11

Sufi Muslim/Dervish unrecognized minority religionSufi Muslim/Dervish unrecognized minority religion 00

TotalTotal (Turnout around 50 %) (Turnout around 50 %) 290290

COUNCIL OF GUARDIANCOUNCIL OF GUARDIAN

► 12 jurists comprise the Council of Guardian, 12 jurists comprise the Council of Guardian, six of whom are appointed by the Supreme six of whom are appointed by the Supreme Leader. The head of the judiciary recommends Leader. The head of the judiciary recommends the remaining six, which are officially the remaining six, which are officially appointed by the Parliamentappointed by the Parliament

► Authority to interpret the constitutionAuthority to interpret the constitution► It determines if the laws passed by It determines if the laws passed by Parliament are in line with sharia and the Parliament are in line with sharia and the ConstitutionConstitution

► It also supervises the candidacy of It also supervises the candidacy of Presidential, Parliament, and Assembly of Presidential, Parliament, and Assembly of Experts elections Experts elections

EXPEDIENCY COUNCILEXPEDIENCY COUNCIL

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

►The Supreme Leader appoints the The Supreme Leader appoints the 34 members of the Council 34 members of the Council

ASSEMBLY OF EXPERTSASSEMBLY OF EXPERTS

► consists of 86 "virtuous and learned" consists of 86 "virtuous and learned" clerics elected by the public to clerics elected by the public to eight-year terms. Like presidential eight-year terms. Like presidential and parliamentary elections, the and parliamentary elections, the Council of Guardian determines who can Council of Guardian determines who can run for a seat in the assembly. run for a seat in the assembly.

► it monitors his performance and it monitors his performance and remove him if he is deemed incapable remove him if he is deemed incapable of fulfilling his duties. of fulfilling his duties.

JUDICIARYJUDICIARY

►The judiciary branch of Iran's The judiciary branch of Iran's government is largely controlled by government is largely controlled by the Supreme Leaderthe Supreme Leader

►The judiciary ensures that the Islamic The judiciary ensures that the Islamic laws are enforced and defines legal laws are enforced and defines legal policy policy

► It also nominates the six lay members It also nominates the six lay members of the Guardian Council of the Guardian Council

►Public courts Public courts ►““Revolutionary" courts Revolutionary" courts

NATIONAL SECURITY AND NATIONAL SECURITY AND INTELLIGENCEINTELLIGENCE

► Supreme National Security Supreme National Security CouncilCouncil

► Regular ArmyRegular Army ► Islamic Revolutionary Guard Islamic Revolutionary Guard Corps (IRGC)Corps (IRGC)

►Ministry of Intelligence and Ministry of Intelligence and Security (MOIS)Security (MOIS)

Relationship between Relationship between Sharia and Law in the Sharia and Law in the

ConstitutionConstitution ► Article 4Article 4All civil, penal financial, economic, All civil, penal financial, economic, administrative, cultural, military, political, and administrative, cultural, military, political, and other laws and regulations must be based on Islamic other laws and regulations must be based on Islamic criteria. This principle applies absolutely and criteria. This principle applies absolutely and generally to all articles of the Constitution as generally to all articles of the Constitution as well as to all other laws and regulations, and the well as to all other laws and regulations, and the fuqaha' of the Council of Guardian are judges in fuqaha' of the Council of Guardian are judges in this matter.this matter.

► Article 93Article 93The Islamic Consultative Assembly does not hold any The Islamic Consultative Assembly does not hold any legal status if there is no Council of Guardian in legal status if there is no Council of Guardian in existence, except for the purpose of approving the existence, except for the purpose of approving the credentials of its members and the election of the credentials of its members and the election of the six jurists on the Guardian Council.six jurists on the Guardian Council.

Article 96Article 96

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

Legislation Process in Legislation Process in IranIran

►The Right of National Sovereignty and The Right of National Sovereignty and the Powers Deriving There from (Chapter the Powers Deriving There from (Chapter V)V)

►Absolute sovereignty over the world and Absolute sovereignty over the world and man belongs to God , and it is He Who man belongs to God , and it is He Who has made man master of his own social has made man master of his own social destiny. No one can deprive man of this destiny. No one can deprive man of this divine right, nor subordinate it to the divine right, nor subordinate it to the vested interests of a particular vested interests of a particular individual or group. The people are to individual or group. The people are to exercise this divine right in the manner exercise this divine right in the manner specified in the following articles specified in the following articles

► Article 57Article 57The powers of government in the Islamic Republic are vested in the The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute wilayat al-'amr and the under the supervision of the absolute wilayat al-'amr and the leadership of the Ummah, in accordance with the forthcoming leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each articles of this Constitution. These powers are independent of each other. other.

► Article 72Article 72The Islamic Consultative Assembly cannot enact laws contrary to the The Islamic Consultative Assembly cannot enact laws contrary to the usulusul and and ahkamahkam of the official religion of the country or to the of the official religion of the country or to the Constitution. It is the duty of the Guardian Council to determine Constitution. It is the duty of the Guardian Council to determine whether a violation has occurred, in accordance with Article 96.whether a violation has occurred, in accordance with Article 96.

► Article 96Article 96The determination of compatibility of the legislation passed by the The determination of compatibility of the legislation passed by the Islamic Consultative Assembly with the laws of Islam rests with the Islamic Consultative Assembly with the laws of Islam rests with the majority vote of the fuqaha' on the Guardian Council; and the majority vote of the fuqaha' on the Guardian Council; and the determination of its compatibility with the Constitution rests with determination of its compatibility with the Constitution rests with the majority of all the members of the Guardian Council. the majority of all the members of the Guardian Council.

Websites in FarsiWebsites in Farsi

►http://www.rooznamehrasmi.irhttp://www.rooznamehrasmi.ir►http://www.ghavanin.ir/http://www.ghavanin.ir/►http://www.majlis.ir/http://www.majlis.ir/►http://www.majma.ir/http://www.majma.ir/►http://www.irisn.com/http://www.irisn.com/

Websites in EnglishWebsites in English

►http://www.iran-law.com/http://www.iran-law.com/►http://www.parstimes.com/law/http://www.parstimes.com/law/Iran_law.htmlIran_law.html

►http://www.loc.gov/law/guide/http://www.loc.gov/law/guide/iran.htmliran.html

►http://www.washlaw.edu/forint/http://www.washlaw.edu/forint/asia/iran.htmlasia/iran.html

►Please refer to the handout for Please refer to the handout for more informationmore information