US Constitution vs. Iran’s Constitution

As an Islamic republic, Iran’s constitution can vary quite differently to that of the US’. The Iranian constitution is of a much younger age only being codified in 1979 following a referendum and thus replacing the 1905 constitution. The US’ however is the grandfather of all, being ratified in 1788.

Being a country under is Islamic rule the constitution has a difficult and confusing position. It has been described as a hybrid of theocratic and democratic. In the first two articles, it states that sovereignty is vested in Allah (God) while article 6 it mandates popular elections for presidency and parliaments. All laws have a final decision by the Supreme Leader who has a life tenure – unless dismissed by the ‘Assembly of Experts’ who also appoints the supreme leader. The Assembly of Experts is democratic, although confusing. In summary, 88 elected members – who have to be approved by the supreme leader – sit to make decisions on the Supreme Leader. Another important party is the Guardian Council who is a 12-member body who supervise elections, approve candidates and ensure the constitution is abided to. A majority of the constitution stems from Islamic law and so is quite similar to other Islamic countries each with key differences in their earthly sovereign rule. Chapter Eight (Articles 107-112) spell out the powers of the supreme leader. Article 146 dictates there should be no foreign military bases in Iran – even for peaceful purposes. Although Article 175 guarantees freedom of expression in Radio & Television, it almost contradicts itself by then creating an organisation who will help keep media to Islamic criteria and to the best interests of the country.

As stated the US Constitution is the grandfather of many constitutions as its the first that still remains in use today. There is very little to say about religion in the US constitution which vastly contrasts the Iranian constitution. The US constitution also lays out a very different operation in terms of the bodies used in government. The government is lead by a president who is elected every four years by a nationwide popular vote using a controversial voting system named the electoral college. The first 10 ‘amendments’ are known as the bill of rights that give protections to liberty & justice and rules to place restrictions on government. The remaining 17 amendments expand on individual civil rights. The constitution still remains on 4 pages of parchment paper as which it was originally written on. Unlike other codified constitutions the US’ amendments are appended (attached to the bottom) to the original document rather than changing it. The first three words are ‘We the people’ and many take this as an affirmation that the government’s main purpose is to serve the citizens.