Persian Constitution of 1906

The Persian Constitution of 1906[2][3][4] (Persian: قانون اساسی مشروطه, romanized: Qānun-e Asāsi-ye Mashrute), was the first constitution of the Sublime State of Persia (Qajar Iran), resulting from the Persian Constitutional Revolution and it was written by Hassan Pirnia, Hossein Pirnia, and Esmail Momtaz, among others.[5] The Constitution was also in effect during Pahlavi Iran. It divides into five chapters with many articles that developed over several years. The Quran was the foundation of this constitution while the Belgian constitution served as a partial model for the document.[6]

Members of the First Majlis (October 7, 1906 June 23, 1908). The central photograph is that of Morteza Gholi Khan Hedayat, aka Sani-ol Douleh, the first Chairman of the First Majlis. He had been for seven months the Finance Minister when he was assassinated on 6 February 1911 by two Georgian nationals in Tehran.[1]
LocationQajar Iran
Media typeConstitution
Three National Soldiers of Tehran. A postcard of the period. The text in the heading reads: May the National Consultative Assembly [Majles-e Shoura-ye Milli] be everlasting and long live National Soldiers! The text in the middle of the photograph reads: National Soldiers of Tehran.

The electoral and fundamental laws of 1906

The electoral and fundamental laws of 1906 established the electoral system and the internal frameworks of the Majlis (Parliament) and the Senate.

By the royal proclamation of August 5, 1906, Mozzafar al-Din Shah created this first constitution "for the peace and tranquility of all the people of Persia." Mohammad Ali Shah Qajar is credited with chapters 4 and 5.

The electoral law of September 9, 1906

The electoral law of September 9, 1906 defined the regulations for the Elections to the Majlis.

Disenfranchised

Article 3 of this chapter stated that (1) women, (2) foreigners, (3) those under 25, (4) "persons notorious for mischievous opinions," (5) those with a criminal record, (6) active military personnel, and a few other groups are not permitted to vote.

Election qualifications

Article 4 stated that the elected must be (1) fully literate in Persian, (2) "they must be Iranian subjects of Iranian extraction," (3) "be locally known," (4) "not be in government employment," (5) be between 30 and 70 years old, and (6) "have some insight into affairs of State."

Article 7 asserted, "Each elector has one vote and can only vote in one [social] class."

The fundamental laws of December 30, 1906

The fundamental laws of December 30, 1906 defined the role of the Majlis in the system and its framework. It further defined a bicameral legislature. Article 1 established the National Consultative Assembly[7] based "on justice." Article 43 stated, "There shall be constituted another Assembly, entitled the Senate."

Constitutional Amendment of 1907

Among the topics discussed in the amendment, was the declaration of Twelver Shi'ism as the state religion and establishment of a council of 5 high ranking Twelver Shia clerics tasked to make sure the laws passed by the parliament are not against the laws of Islam. Also among the topics were articles about the rights of the people and articles describing the flag of Iran and setting Tehran as the capital of the country.

See also

References and notes

  1. W. Morgan Shuster, The Strangling of Persia, 3rd printing (T. Fisher Unwin, London, 1913), pp. 48, 119, 179. According to Shuster (p. 48), "Five days later [measured from February 1st] the Persian Minister of Finance, Saniu'd-Dawleh was shot and killed in the streets of Teheran by two Georgians, who also succeeded in wounding four of the Persian police before they were captured. The Russian consular authorities promptly refused to allow these men to be tried by the Persian Government, and took them out of the country under Russian protection, claiming that they would be suitably punished."
    See also: Mohammad-Reza Nazari, The retreat by the Parliament in overseeing the financial matters is a retreat of democracy, in Persian, Mardom-Salari, No. 1734, 20 Bahman 1386 AH (9 February 2008), "عقب نشيني مجلس در نظارت مالي عقب نشيني دموکراسي است". Archived from the original on 2009-04-27. Retrieved 2007-10-13..
  2. Tilmann J. Röder, The Separation of Powers: Historical and Comparative Perspectives, in: Rainer Grote and Tilmann J. Röder, Constitutionalism in Islamic Countries (Oxford University Press 2012), p. 321-3372. The article includes scientific English translation of the following documents: The Fundamental Law (Qanun-e Asasi-e Mashruteh) of the Iranian Empire of December 30, 1906 (p. 359-365); The Amendment of the Fundamental Law of the Iranian Empire of October 7, 1907 (p. 365-372).
    • The Mashruteh Constitution of Iran (farsi). Berlin 2014. ISBN 9783844292923. (Details)
  3. Recognizing the centennial anniversary Archived 2016-01-17 at the Wayback Machine 109th CONGRESS, 2d Session, H. RES. 942, 25 July 2006
  4. For a modern English translation of the constitution and related laws see, Tilmann J. Röder, The Separation of Powers: Historical and Comparative Perspectives, in: Grote/Röder, Constitutionalism in Islamic Countries (Oxford University Press 2011).
  5. Destrée, Annette. "BELGIAN-IRANIAN RELATIONS". Encyclopædia Iranica. Retrieved 2015-08-21.
  6. This became known as the Islamic Consultative Assembly after the Islamic Revolution.

Further reading

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