IRANIAN CONSTITUTION
We are currently working on a new draft for a secular democratic constitution.
A comprehensive secular democratic constitution is currently being drafted, and the first draft will be published upon its completion.
This draft constitution seeks to give the people extensive rights of participation, but without limiting the envisioned system in its functionality through numerous interruptions caused by the rights of participation or blockages within or between the 3 powers.
Other available drafts or historic constitution for Iran
Iran 2023: Iran Government Structure - The call for fundamental change and basic rights
Background:
Shortly after the revolution in Iran in 1979, the monarchical constitution of 1906 was superseded by the Constitution of the Islamic Republic of Iran. The (Islamic) republic form of government was implemented in place of the monarchy, as envisaged by the new constitution and government structure with a supreme leader chosen (ordinarily) for a lifetime and wide-ranging deciding powers resulting in the concentration of power in a single person.
Despite the positive messages and goals envisaged with the proclamation of the Islamic Republic at that time, no or little improvement has been made. Presumably not envisaged by the drafters of the current constitution, many clauses are being interpreted very specifically, ideologically and restrictively to the detriment of the freedom and rights of the people of Iran.
As a consequence, various articles of the constitution are today not complied with, for example: the prohibition of torture, the respect for honor and dignity of a person (art. 38 and art 39), freedom of personal opinion and mass media (art. 23 and 175), freedom of public gathering by the people of Iran (art. 27).
Considering the few or weak legal remedies in the constitution and due to the extensive and exclusive (final) control of the various state institutions by the supreme leader, the people in Iran have had few options to take legal action against the violations of their rights.
Furthermore, throughout the years, the calls for reforms and free elections were undermined by the regime in Iran. Even where elections were allowed, the choice was restricted to a number of selected candidates being loyal to the current regime/system and ideological mindset.
Based on these experiences and in particular, due to the oppression of women, mismanagement and the grave violations of human rights by the regime, and its representatives, most people have come to the conclusion that there is no more hope for reforms and thus the regime must be changed. Triggered with the death of Mahsa Zhina Amini on September 16th 2022 and the start of the “Woman Life Freedom Movement” (“Jin Jiyan Azadi” / “Zan Zendegi Azadi”) the majority of the people in Iran explicitly requested a change of the Iranian government and of this system as a whole in nationwide protests to a secular democracy. The original goal of the constitution of the Islamic republic, to unite the Islamic principles with a republic, has therefore not only been missed but many scholars also came to the conclusion that it is incompatible with a secular democracy.
The long-term solution proposed here:
Referring to the above, the new constitution being drafted here seeks to eradicate the flaws of the past constitution(s), establishing a new system that shall be based on the rule of law, respect for freedom and basic rights of the people, balance of powers, separation of religion and state in order to prevent the abuse of certain powers and most importantly on the principle of a secular direct democracy to give the (ultimate) power to all Iranians to shape their country while taking into account the diversity of the Iranian nation and avoid privileges or discrimination or the enforcement of particular ideologies on all people.
The final ‘output’ here shall be judged by the people. According to the opinion represented here, true acceptance comes when the people can believe in a system (not in individuals) that is consistent over time, which enables plannability and legal certainty, and that envisages securing the long-term interests of the people through their participation without any discrimination in order to shape the future of Iran – not only for the Iranians today but also the future generations. In order to reach this target, it is crucial to secure the transparent and free flow of information and to ensure everybody can compare, discuss, and shape his or her personal opinion based on the complete facts available.
This draft of the Iranian constitution is to be considered as a continuous project, it shall be continuously discussed, amended, and improved by the people to the extent that it receives the broadest acceptance for any potential future use. Furthermore, the constitution is intended to be set up in a way, that could even play a role model for other existing democratic countries as well and therefore hopefully contribute to a better exchange between different nations in the long run.
