History of Adoption of the Constitution of the Islamic Republic of Iran

Abstract

The article contains an analysis of the process of adoption of the Iranian constitution after the Islamic Revolution of 1979, as well as the influence of its features on the content of the adopted constitution. The author considers the legal basis and activities of state bodies and officials within the framework of this process. The article concludes that the original draft of the constitution did not stipulate that the head of state should be the most trained and authoritative theologian, thus, it lacked the most important principle for the modern Iranian state of ‘Velayat-e Faqih’. The author gives an analysis of this project, showing that according to it, it was assumed that the form of government of Iran would be a semi-presidential republic. As a religious specificity, it was proposed to establish religious qualifications for individual officials and create a body of theological control over adopted laws. The article also concludes that the Iranian constitution was formed on the basis of the constitution of the 5th republic in France, and as a result, it contains a significant number of elements similar to it at the present time.