A Look at the Constitution of the Islamic Republic of Iran

A Look at the Constitution of the Islamic Republic of Iran

TEHRAN (Iran News) Viewing governance strictly through three branches, conventionalizing the coercive power, failing to regard culture as an integrated power in itself, decentralizing education outside a unified power-based structure, and adopting a livelihood-centered and state-centered approach to the economy have all contributed to state-centric movements. Every few years, these movements have been directed along partisan and factional lines.

Of course, the Constitution of the Islamic Republic of Iran is a synthesis of a monotheistic ontology (God-centered) and a people-based methodology symbolized by republicanism. For this reason, one can observe a certain alignment—within both the written and unwritten lines of the text—with Western liberalism (which is founded upon humanism and anthropocentrism).

Thus, in some principles and concepts, similarities and overlaps with the values of Western liberal democracy can be observed. These commonalities appear mainly in the realm of “methods” and “citizens’ rights.” Entrusting cultural development entirely to the government without consistent supervision over its content and direction, or assigning education to the executive branch without aligning it with the necessities of the Revolution and national governance, as well as adopting a partisan and ideologically tinted approach to the economy—alongside pure capitalism without a focus on justice—have over the years led to the politicization of culture along factional lines, fragmentation of non-aligned educational content, and the emergence of a wealthy elite class immersed in affluence. This economic model has consistently created challenges across all sectors.

We remain committed to principles within this Constitution; yet instead of giving primacy to these principles in overarching content and expecting governments to pave the way for substantive implementation, we have made the executive administrator the very foundation of content itself.

Let us consider the following principles:

A – Popular Sovereignty and Republicanism

(Similar to Democracy)

Western liberalism emphasizes popular sovereignty and the social contract. In the Constitution of the Islamic Republic of Iran, this concept is embodied in the republican nature of the system:

Article 6:

“In the Islamic Republic of Iran, the affairs of the country must be administered by reliance on public opinion, through elections: the election of the President, representatives of the Islamic Consultative Assembly, members of councils, and the like.”

Article 56:

“Absolute sovereignty over the world and humanity belongs to God, and it is He who has made man master of his own social destiny. No one can deprive man of this divine right…”

Although these principles are defined within a religious framework, in terms of their popular character and recourse to public opinion, they correspond with the democratic mechanisms of Western liberalism.

B – Fundamental Freedoms

(Similar to Liberalism)

Freedom is the core of liberalism. In Chapter Three (Rights of the Nation), the Constitution refers to a wide range of freedoms similar to those set forth in international charters (influenced by liberalism):

Article 23:

The investigation of beliefs is forbidden, and “no one may be molested or taken to task simply for holding a certain belief.”

Article 24:

Freedom of the press is guaranteed, “unless it is detrimental to the fundamental principles of Islam or the rights of the public.”

Article 27:

Freedom of assembly and marches is permitted, “provided that arms are not carried and that they are not detrimental to the fundamental principles of Islam.”

Article 22:

The dignity, life, property, rights, residence, and occupation of individuals are inviolable.

C – Human Rights and Human Dignity

(Shared Concepts)

Research indicates that in certain respects, the Constitution aligns with human rights positions (which have roots in liberalism):

Articles 19–21:

Equality of individuals before the law, observance of women’s rights, and protection of mothers.

Article 32:

The right to legal recourse and judicial security (arrests must be made according to law).

Article 38:

Torture for the purpose of extracting confessions is forbidden.

These principles display relative harmony with the liberal view of inherent human rights (regardless of gender, race, or religion).

D – Rejection of Domination and Independence

(Similar to Anti-Colonial Principles)

Interestingly, some principles of foreign policy in the Constitution (such as Articles 152 and 154) bear semantic resemblance to the outlook of early Iranian liberals during the Constitutional era, who sought to reject foreign domination and preserve independence. Although these principles are rooted in the Islamic concept of rejecting subjugation, in terms of “independence and freedom from foreign powers,” they share common ground with nationalist liberal ideals.

A General View

In an overall assessment, the Constitution of the Islamic Republic of Iran shares similarities with liberalism in its instrumental and procedural aspects:

The use of voting and elections

Recognition of conditional freedoms

Respect for citizens’ rights

However, at the level of foundations, the difference is fundamental. In Western liberalism, human autonomy is the source of rights, whereas in the Constitution of the Islamic Republic of Iran, divine authority forms the basis of action, and people’s rights are defined within the framework of Islamic criteria (Article 4).

In other words, in liberalism, freedom is unlimited unless it harms another person; but in the Constitution of the Islamic Republic of Iran, freedom is limited by adherence to Islamic principles under the authority and supervision of a qualified Islamic jurist.

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