An Appraisal of the Constitutions of the Islamic Republic of Iran: before and after the Khomeini’s Revolution

Abstract

Iran, in its recent modern history, experienced two Constitutions ─ the 
Constitution 1906 and the Constitution 1979. Though the former, declared the 
state as a constitutional monarchy, the independent constitutionalists 
pronounced Iran to be a “state still in the firm grip of theologians, therefore, it 
has not been able to secularize itself”. Whereas the later document, shook 
almost all political circles opposing the Islamic state saying that Iran, after 
Khomeini’s revolution, has transformed itself into a theocratic state. If Iran, 
prior to 1979, was in the firm grip of theologians, what change occurred upon 
the promulgation of the new canon? This interrogation obviously requires a 
deep study of both the constitutions, so it could be established what type of 
theocratic institutions was in the former case, and what institutional changes 
were made by the Constitution 1979 into the bodies available prior to it. Why 
in 1906, the articulation of the constitutional monarchy divided the state 
business into ecclesiastical, revenue and ordinary laws? What institutions were 
there to facilitate the state in this state of dichotomy? These are some of the 
questions which author addressed in this discourse. The author in this study
evaluated the status of religious institutions embodied into the new constitution 
with an emphasis on the comparison of both the canons. At the end the author, 
precisely but holistically evaluated if these institutions have an ability to 
achieve the objectives of the Islamic revolution in the future and if they attract 
the Muslim Ummah as a whole or, if some changes into the constitution are 
needed for explanation or clarification. At the end, the author made some sold 
recommendations for future political set up of Iran.