Religio-constitutional Institutions of Iran in 20th Century: Relevance and Viability for the Future

Upon adoption of the American Constitution by 12 states of the continent in September 1787, a dire need emerged in many other countries to have a written constitution. Some countries, like France, followed the American pattern immediately, others measured it up gradually, and with the passage of time they were able to have their own canon. Iran, like a number of other sovereign states of the world, was run by the Shahinshah, viz., it was without a written constitution, and remained in the latter category until 1906. A change occurred in 1906 when the Zilay subhani (the shadow of God, the King), on 5 August, 1906 directed the Prime Minister to constitute an Assembly of delegates, and issued a Firman (decree) in which the basic parameters for establishment of the Assembly were pronounced. The sovereign demanded, “and we do enact that an Assembly of delegates elected by the Princes, the Doctors of Divinity („Ulama), the Qajar family, the nobles and notables, the landowners, the merchants and the guilds shall be formed and constituted by election of the classes above mentioned, in the Capital Tehran”. Obviously, as the construction of this decree unveils that the assembly, unlike the present one, was not constituted on the basis of an authorization granted by the adult population of the state and, therefore, its mandate was, besides others, limited to “submit (their proposal to us)[the King], so that these having been duly ratified by Us