Constitution of Persia

The current constitution of Persia was adopted on November 10, 1971, following the parliamentary elections of July of the same year called for by the new Shah of Persia Ali Mohammad Shah Qajar, the first since the early 1920s.



Constitution of the State of Persia
signed and ratified in the Imperial Golestan palace in Tehran by HIH Ali Mohammad Shah Qajar, Servant of Allah, Protector of the Dhimmis, Shahanshah, Padishah & Soltaan bar Salatin of Iran, Khaaghaan of the Kadjars, Qebleh-ye Aalam, Saaheb-Gheraan, Saaheb-Gharneyn, Sardar-e Azam, and so forth, and so forth on Chaeharshambe, the 19th of Aban, in the year 1350 of Allah's rule on Earth(November 10, 1971), on behalf of the people of Persia.

In the name of God, the Merciful, the Forgiving

 We, Ali Mohammad Shah Kadjar, third son and designated successor of His Late Majesty Fereydun Shah Kadjar, in our quality of father to the nation and ruler by the grace of Allah and of His people of Persia, have listened, heard and decided to follow the deepest wishes of Our dear people.

 Whereas life, liberty, equality and security of person are Godgiven rights and therefore immutable and universal, We, in regard to past events which have seen the violation of these and other rights inalienable to the human person in Our country, have thought it necessary to enshrine these principles,

 Whereas Our dear people, from which any and all legitimacy, given by Allah to his subjects for His greatness and their salvation, derives and without whose consent the State cannot and should not rule, asks for and demands a ruling to establish and guarantee the organization of the persian State and the preservation of its rights,

 We have decided, declared and commanded that henceforward and forever the State of Persia shall be ruled without any possibility of return by a Constitution expressing the true and free will of the Nation on how It desires to be governed.

Chapter 1

On Sovereignty

Article 1

 The State of Persia is a sovereign State and the only recognized legal authority in its territory, and therefore only its laws and rulings apply, unless otherwise specified by the present Constitution or a convention or treaty signed by HIH the Shahanshah of Persia and ratified by the National Consultative Assembly of Persia, henceforth referred to as the Majlis.

Article 2

 The State of Persia guarantees equal rights to all its citizens, barring discriminations of any kind, be they based on gender, religion or race. Discrimination based on these criteria will result in punishment by the Law.

Article 3

 The People of the State of Persia possesses the sole authority to delegate its powers to its representatives. The citizens of Persia invest their representatives of power by free, equal and secret suffrage. This suffrage may be direct or indirect, as provided by the Constitution. Only those elected by the people may claim to represent it, save the Shahanshah and the Imperial family, invested of their power by the historical and unbreakable covenant which links the people of Persia to them with the unwavering blessing of Allah. Can vote all citizens over the age of twenty-two years of both genders, and without discrimination on grounds of religion or race, disposing of their full political and civil rights.

Article 4

 The government of the State of Persia is the only authority in the country legally habilitated to raise taxes, field a standing army and police force, render justice, represent and engage the State of Persia internationally etc. as defined by the Law. Any violation of these prerogatives shall result in punishment by the Law.

<p style="margin-bottom: 0cm">Article 5

<p style="margin-bottom: 0cm"> The official religion of Persia is Islam and the Ja'fari school. All other Islamic schools and religions as defined by the Government of Persia shall be afforded full respect and protection, but will be proscribed from proselytising. Followers of all religions shall be authorized to follow their rites, within the limits of persian law and have their locations of cult.

<p style="margin-bottom: 0cm">Article 6

<p style="margin-bottom: 0cm"> Persian is the official language of Persia, as required to be used in all official documents. All other languages spoken in Persia will be afforded respect and protection. The language of the majority of the population in the Autonomous Regions shall be used alongside Persian in official documents produced by the local authorities.

<p style="margin-bottom: 0cm">Article 7

<p style="margin-bottom: 0cm"> The official emblem of Persia is the flag holding the representation of a golden lion hiding the sun and holding a sword in his right paw, as seen from profile, and turning his head at the viewer, on a background composed of the three parallel bands in the colors red, white and green from top to bottom, the white section being twice as wide as the red and green sections. The flag shall be flown on all government buildings and embassies in foreign countries and shall solely be used as emblem of Persia within the country and abroad. In the Autonomous Regions, the regional flag shall be authorized to be flown alongside the flag of Persia. Any sign or action of disrespect directed at the flag of Persia shall be punished by the Law.

<p style="margin-bottom: 0cm">Article 8

<p style="margin-bottom: 0cm"> The official anthem of Persia is the « '' Salamati-ye Shah ». '' It shall be used in the country and abroad to salute the presence of a representative of the People of Persia in the conditions prescribed by the persian or foreign law. In the Autonomous Regions, the regional anthem will be authorized to be played after the anthem of Persia. All sign or action of disrespect during the duration of the anthem of Persia shall be punished by the Law.

<p style="margin-bottom: 0cm"> Article 9

<p style="margin-bottom: 0cm"> The official motto of Persia is  '' «Faith and Country ». '' It shall be seen on all government buildings and official documents. All sign or action of disrespect directed at its physical manifestation shall be punished by the Law.

<p style="margin-bottom: 0cm">Chapter 2

<p style="margin-bottom: 0cm">On the Shahanshah

<p style="margin-bottom: 0cm">Article 10

<p style="margin-bottom: 0cm"> The State of Persia is reigned over and governed by the Shahanshah, who represents and embodies the sovereignty and independence of the Nation. The Shahanshah guarantees and protects the present Constitution.

<p style="margin-bottom: 0cm">Article 11

<p style="margin-bottom: 0cm"> The Imperial Throne shall be succeeded to by a member of the Kadjar Imperial line, according to the provisions of the Imperial House laws. In case of violation of these rules, or of an absence of legitimate and designated heir to the Throne at the death of the Shahanshah, the Imperial family will have to choose from its ranks a successor, who will have to be approved by both the Majlis and the people in a national referendum.

<p style="margin-bottom: 0cm">Article 12

<p style="margin-bottom: 0cm"> The Shahanshah is sacred and inviolable. Any attack on His person shall be assimilated to an attack on the State, and be severely punished by the Law.

<p style="margin-bottom: 0cm">Article 13

<p style="margin-bottom: 0cm"> The Shahanshah governs through the Government of Persia, composed of the First Delegate of the Cabinet named by the Shahanshah and approved by the National Consultative Assembly, the Secretaries of State named by the First Delegate of the Cabinet and the Under-Secretaries of State and advisors named by the Secretaries of State. The Shahanshah decides of the main policies to be followed in concordance with the views of the majority of the Majlis, and the government enacts and enforces His policies.

<p style="margin-bottom: 0cm">Article 14

<p style="margin-bottom: 0cm"> The Shahanshah is the only person legally habilitated to sign laws and treaties on behalf of the people of Persia.

<p style="margin-bottom: 0cm">Article 15

<p style="margin-bottom: 0cm"> The Shahanshah may dissolve the Majlis if the conditions authorizing this practice by the Law are fulfilled, and at the condition that he call for new elections to replace the dissolved Majlis. The Shahanshah may, if the conditions requiring the dissolution of the Majlis are not fulfilled anymore, call for the reunion of the Majlis once more. He may not dissolve the same Majlis more than twice during its tenure, unless the conditions authorizing this extreme eventuality by the Law are fulfilled, and only after having organized a national referendum.

<p style="margin-bottom: 0cm">Article 16

<p style="margin-bottom: 0cm"> The Shahanshah is the only person legally habilitated to call for a national referendum, at His own or at the people's behest. For a referendum called for by the people to be valid, it must gather 100,000 signatures exclusively of citizens of Persia, each entitled to only one vote, and be authorized by the Shahanshah.

<p style="margin-bottom: 0cm"> (To be completed)

<p style="margin-bottom: 0cm">

Text of the 1980 Constitution
Preamble

[To be completed]

I. Basic Rights

Article 1

The dignity of man shall be inviolable. To respect and protect it shall be the duty of all state authority.

Article 2

(1) All shall have the right to the free development of their personality insofar as it does not violate the rights of others nor the constitutional order.

(2) All shall have the right to life and to inviolability of their person. The physical integrity of the person shall not be degraded by cruel or unusual punishments. The liberty of the individual shall be inviolable. These rights may only be encroached upon pursuant to a law.

Article 3

(1) All citizens shall be equal before the law.

(2) Men and women shall have equal rights.

(3) None may be prejudiced or favored on account of their sex, their social or property status, their parentage, their race, their language, their homeland or origin, their faith, their religious or political opinions, their type and nature of occupation, their domicile, their sexual orientation, or other status.

(4) None may be arbitrarily accused, arrested, or detained, except where the law so prescribes.

Article 4

(1) Freedom of conscience, and by way of consequence, of religion, of creed and of ideology are guaranteed.

(2) The undisturbed practice of religion is guaranteed.

(3) None may be compelled against their conscience to render war service involved the use of arms.

Article 5

(1) All shall have the right to freely express and disseminate their opinion by speech, writing and pictures and to freely inform themselves from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcast and films are guaranteed. There shall be no censorship.

(2) These rights are limited by the provisions of the general laws, the provisions of law for the protection of the youth, and the right to inviolability of personal honor.

(3) Art and Science, Research and Teaching, shall be free. Freedom of teaching shall not absolve from loyalty to the constitution.

Article 6

(1) All citizens shall be entitled to an affordable and high-standard education.

(2) The entire educational system shall be under the supervision of the state.

(3) The persons entitled to bring up a child shall have the right to decide whether it shall receive religious instruction.

(4) The right to establish private schools is guaranteed. Private schools, as a substitute for state schools, shall require the approval of the state and shall be subject to the laws of the local and federal authorities.

Article 7

(1) The family and marriage shall enjoy the special protection of the state.

(2) The care and upbringing of children are a natural right of, and a duty primarily incumbent on, the parents. The national community shall watch over their endeavors in this respect.

(3) Children may not be separated from their families against the will of the person entitled to bring them up, except pursuant to a law, if those so entitled fail or the children are otherwise threatened with neglect.

(4) Every mother shall be entitled to the protection and care of the community.

(5) Children born out of wedlock shall be provided with the same opportunities for their spiritual and physical development and their place in society as are enjoyed by children born within wedlock.

Article 8

(1) All citizens shall have the right to health protection. None may be denied access to healthcare.

(2) All  citizens shall have the right to maintenance in old age, in sickness, and in the event of complete or partial disability of loss of the breadwinner.

(3) All shall have the right to live in a safe and clean environment. None may be forced to live in an environment detrimental to their health and well being.

Article 9

(1) All shall have the right to retain and affirm their cultural, linguistic, or religious heritage. This right may be restricted pursuant to a law, insofar as its exercise offends against the constitutional order.

(2) All shall have the right to enjoy cultural benefits, and in particular the culture and heritage of the nation.

Article 10

(1) All citizens shall have the right to assemble peaceably and unarmed without prior notification or permission.

(2) With regard to open-air meetings this right may be restricted pursuant to a law.

Article 11

(1) All citizens shall have the right to form associations and societies.

(2) Associations, the purposes or activities of which conflict with criminal laws or which are directed against the constitutional order are prohibited.

(3) The right to form associations to safeguard and improve working and economic conditions is guaranteed to everyone and to all trades, occupations and professions. Agreements which restrict or seek to impair this right shall be null and void ; measures directed to this end shall be illegal.

(4) The right to cease work temporarily in order to safeguard or improve working and economic conditions is guaranteed to everyone save members of the armed forces. The exercise of this right must not lead to halt services vital to the public, including healthcare, education, transport, the administrations of the State, the protection of order.

Article 12

(1) All shall enjoy freedom of movement throughout the national territory.

(2) This right may be restricted only by or pursuant to a law and only in cases in which such restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the state, to combat the danger of epidemics, to deal with natural disasters or particularly grave accidents, to protect young people from neglect or to prevent crime.

Article 13

(1) Privacy of posts and telecommunications shall be inviolable.

(2) This right may be restricted only pursuant to a law. Such law may lay down that the person affected shall not be informed of any such restriction if it serves to protect the free democratic basic order or the existence or security of the national community, and that recourse to the courts shall be replaced by a review of the case by bodies and auxiliary bodies appointed by the Majlis.

Article 14

(1) All shall have a right to dignified working conditions.

(2) All shall have the right to rest and leisure. None may be required to work inordinately long hours, nor without guaranteed days of rest.

(3) All shall have the right freely to choose their trade, occupation, or profession, their place of work and their place of training. The practice of trades, occupations, and professions may be regulated by or pursuant to a law.

(4) No specific occupation may be imposed on any person except within the framework of a traditional compulsory public service that applies generally and equally to all.

(5) Forced labor may be imposed only on persons deprived of their liberty by court sentence.

Article 15

(1) Citizens who have attained the age of eighteen years may be required to serve in the Armed Forces, in the National Border Guard, or in a Civil Defense organization.

(2) A person who refuses, on grounds of conscience, to render war service involving the use of arms may be required to render a substitute service. The duration of such substitute service shall not exceed the duration of military service.

Article 16

All citizens shall have the right to decent housing. None may be evicted unless a decent housing alternative can be guaranteed.

Article 17

(1) The home shall be inviolable.

(2) Searches may be ordered only bu a judge or, in the event of danger in delay, by other organs as provided by law and may be carried out only in the form prescribed by the law.

(3) In all other respects, this inviolability may not be encroached upon or restricted except to avert a common danger or a mortal danger to individuals, or, pursuant to a law, to prevent imminent danger to public safety and order, especially to alleviate the housing shortage, to combat the danger of epidemics or to protect endangered juveniles.

Article 18

(1) Property and the right of inheritance are guaranteed. The content and limits shall be determined by the laws.

(2) Property imposes duties. Its use should also serve the public good.

(3) Expropriation shall be permitted only in the service of the public good. It may be effected only by or pursuant to a law which shall provide for the nature and extent of the compensation. Such compensation shall be determined by establishing an equitable balance between the public interest and the interests of those affected. In case of dispute regarding the amount of compensation, recourse may be had to the ordinary courts.

Article 19

(1) None may be deprived of Persian citizenship. Loss of citizenship may arise only pursuant to a law, and against the will of the person affected only if such person does not thereby become stateless.

(2) No Persian may be extradited to a foreign country. Persons persecuted in foreign countries on account of their political, cultural, religious beliefs, or on account of their gender or race, shall enjoy the right of asylum.

Article 20

All shall have the right individually or jointly with others to address written requests or complaints to the appropriate agencies and to parliamentary bodies.

Article 21

(1) Laws concerning military service and substitute service may, by provisions applying to members of the military of substitute service during their period of service, restrict the basic right freely to express and to disseminate opinions by speech, writing and pictures, and the right of petition insofar as this right permits the submission of requests or complaints jointly with others.

(2) Laws for defense purposes including the protection of the civilian population may provide for the restriction of the basic rights of freedom of movement and inviolability of the home.

Article 22

Whoever abuses freedom of expression of opinion, in particular freedom of the press, freedom of teaching, freedom of assembly, freedom of association, privacy of posts and telecommunications, or the right of asylum in order to combat the free democratic basic order, shall forfeit these basic rights. Such forfeiture and the extent thereof shall be pronounced by the Supreme Court.

Article 23

(1) Insofar as a basic right may, under this Constitution, be restricted by or pursuant to a law, such law must apply generally and not solely to an individual case. Furthermore, such law must name the basic right, indicating the Article concerned.

(2) In no case may the essential content of a basic right be encroached upon.

(3) The basic rights shall apply also to domestic juristic persons to the extent that the nature of such rights permits.

(4) Should any person's right be violated by public authority, recourse to the court shall be open to him. If jurisdiction is not specified, recourse shall be to the ordinary courts. The second sentence of paragraph (2) of Article 13 shall not be affected by the provisions of this paragraph.