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Assembly for the Final Review of the Constitution

1979 constituent assembly in Iran


1979 constituent assembly in Iran

FieldValue
nameAssembly for the Final Review of the Constitution
house_typeConstituent assembly
jurisdictionIran
foundation18 August 1979
disbanded15 November 1979
leader1_typeSpeaker
leader1Hussein-Ali Montazeri
leader2_typeDeputy Speaker
leader2Mohammad Beheshti
leader3_typeSecretary
leader3Hassan Ayat
leader4_typeClerks
leader4{{plainlist
seats73
political_groups1**Majority** (55 to 58 seats)
voting_system1Multi-seat districts: Plurality-at-large voting
Single-seat districts: First-past-the-post voting
first_election1[3–4 August 1979](1979-iranian-constitutional-convention-election)
meeting_placeFormer Senate Building, Tehran, Iran
constitutionConstitution of the Islamic Republic of Iran
session_roomPalais du Senat iranien (1970).jpg
  • Hassan Azodi
  • Mahmoud Rouhani}}
  • Islamic Republican Party
  • Combatant Clergy Association
  • Society of Seminary Teachers of Qom Opposition (10 to 14 seats)
  • Freedom Movement of Iran
  • Muslim People's Republic Party
  • Radical Movement of Iran
  • Muslim Union Party Vacant (1 seat) Single-seat districts: First-past-the-post voting The Assembly for the Final Review of the Constitution (AFRC; ), also known as the Assembly of Experts for Constitution (), was a constituent assembly in Iran that was convened in 1979 to condense and ratify the draft prepared beforehand for the Constitution of the Islamic Republic of Iran.

It was mandated by the Council of the Islamic Revolution after the March 1979 referendum for regime change, and composed of 73 seats including four reserved for ethnoreligious minorities and the rest representing provincial constituencies on a basis of population. The elections to the assembly were held by the Interim Government of Iran in August 1979, which resulted in a landslide victory for the Islamist disciples of Ruhollah Khomeini who successfully added his theory –the Guardianship of the Islamic Jurist– to the constitution despite opposition by the minority.

It convened on 18 August 1979 and completed its deliberations rewriting the constitution on 15 November 1979. Subsequently, the constitution was approved in a referendum in December 1979.

History

Prior to its election, a "Revolutionary council" had unveiled a draft constitution on June 18 which was written by Hasan Habibi. Aside from substituting a strong president, on the Gaullist model, for the monarchy, the constitution did not differ markedly from Iran's 1906 constitution and did not give the clerics an important role in the new state structure. Ayatollah Khomeini was prepared to submit this draft, virtually unmodified, to a national referendum or, barring that, to an appointed council of forty representatives who could advise on, but not revise, the document. Ironically, as it turned out, it was the leftist who most vehemently rejected this procedure and demanded that the constitution be submitted for full-scale review by a constituent assembly. Ayatollah Shariatmadari supported these demands.

Members

| lightblue|Members by academic degree| 10| 6| 7| 1| 3| 44 According to Shaul Bakhash, the seventy-three-member Assembly of Experts was made up of 55 clerics, 50 of whom were candidates of the Islamic Republic Party (IRP). About a dozen members were independents or represented other parties and voted against the controversial articles of the constitution.

According to Sepehr Zabir, pro-IRP faction were 50% while 10% were better-known clerics such as Mahmoud Taleghani who were closer secular groupings. 20% were non-clerics embracing theocracy and the remaining 20% were followers of Abolhassan Banisadr and Mehdi Bazargan. Organizations such as the National Front, People's Fedai Guerrillas and People's Mujahedin of Iran were totally absent. A seat of Abdul Rahman Ghassemlou of Democratic Party of Iranian Kurdistan remained vacant after his credential was rejected.

The controversial articles in question were ones that revamped the draft constitution to include principles of Guardianship of the Islamic Jurists (velayat-e faqih) and establish the basis for a state dominated by the Shia clergy. The article was passed with 53 votes in favor, while 8 cast votes against and 5 abstained.

Members of the opposition bloc were reportedly the following: (advanced) | Sath (intermediate) | Moqadamat (introductory) | lightblue|Members by seminary education| 41| 12| 3| 2

  • Abolhassan Banisadr
  • Mahmoud Taleghani
  • Ezzatollah Sahabi
  • Ali Golzadeh Ghafouri
  • Nasser Makarem Shirazi
  • Ahmad Nourbakhsh
  • Rahmatollah Moghaddam Maraghei
  • Hamidollah Mir-Moradzehi
  • Mohammad-Javad Hojjati Kermani Representatives of ethnoreligious minorities are also likely to have voted with the opposition. They were:
  • Hrair Khalatian (Armenian)
  • Sergen Bait Ushana (Assyrian)
  • Aziz Daneshrad (Jewish)
  • Rostam Shahzadi (Zoroastrian)

Presiding officers

Hossein-Ali Montazeri was elected as the speaker, instead of Mahmoud Taleghani who was considered the prospect for the position. Other seats also went to supporters of the Guardianship of the Islamic Jurist, including Mohammad Beheshti who received the most votes for the deputy speaker, and Hassan Ayat who became the secretary.

The presiding officers of the assembly were as follows:

PositionOfficeholderAffiliationVotesSociety of Seminary Teachers of Qom}}"Islamic Republican Party}}"Islamic Republican Party}}"Islamic Republican Party}}"Islamic Republican Party}}"
SpeakerHossein-Ali MontazeriSociety of Seminary Teachers
Deputy SpeakerMohammad BeheshtiIslamic Republican Party
SecretaryHassan AyatIslamic Republican Party
ClerksHassan AzodiIslamic Republican Party
Mahmoud RouhaniIslamic Republican Party
Source:

Apportionment

According to the enactment of the Council of the Islamic Revolution, the assembly had 69 seats which were apportioned among the 24 provinces by population. While any province was entitled to at least one representative, however small its population, each 500,000 residents were considered represented by one seat. 4 additional seats were reserved for religious minorities, including two for Christians (one allocated to Armenians and the other to Assyrians), and one for each of the Jewish and the Zoroastrian communities.

The number of seats dedicated to each province and the population which it was based on, were as follows:

#ProvincePopulationSeat(s)
1Tehran5,297,73210
2Khorasan3,266,6507
3East Azerbaijan3,194,5436
4Mazandaran2,384,2265
5Isfahan2,178,6784
6Khuzestan2,176,612
7Fars2,020,947
8Gilan1,577,8003
9West Azerbaijan1,404,875
10Zanjan1,114,7482
11Kerman1,088,045
12Markazi1,086,592
13Hamedan1,086,512
14Kermanshahan1,016,169
15Lorestan924,848
16Kordestan781,889
17Sistan & Baluchestan659,297
18Hormozgan643,1491
19Chaharmahal & Bakhtiari394,300
20Yazd356,218
21Bushehr345,427
22Semnan283,346
23Kohgiluyeh & Boyer-Ahmad244,750
24Ilam244,222
Source: [Majlis Research Center](https://rc.majlis.ir/fa/law/show/98145)

Goal

The assembly's work was part of a highly contentious time during the Iranian revolution that saw the breakup of the original alliance of secular, radical, religious, and theocratic groups that all united to overthrow the Shah. It was to the Assembly that Khomeini proclaimed "the velayat-e faqih is not something created by the Assembly of Experts. It is something that God has ordained," which clashed with comments such as, "our intention is not that religious leaders should themselves administer the state," made before the victory of the revolution.

The Assembly of Experts for Constitution is not to be confused with the later Assembly of Experts of the Leadership, which is a body created by the Constitution of Islamic Republic of Iran to elect and supervise Iran's Supreme Leader.

References

References

  1. Sussan Siavoshi. (2017). "Montazeri". Cambridge University Press.
  2. Bakhash, Reign of the Ayatollah's (1984) p.81
  3. Zabir, Sepehr. (2012). "Iran Since the Revolution (RLE Iran D)". Taylor & Francis.
  4. "The 1979 Assembly of Experts for the Drafting of the Constitution Election". Princeton University.
  5. Yvette Hovsepian-Bearce. (2016). "The Political Ideology of Ayatollah Khamenei". Routledge.
  6. Saffari, Said. (1993). "The Legitimation of the Clergy's Right to Rule in the Iranian Constitution of 1979". Taylor & Francis.
  7. Sanasarian, Eliz. (2000). "Religious Minorities in Iran". Cambridge University Press.
  8. Schirazi, ''Constitution of Iran'' (1997) p.31-32
  9. Keddie, ''Modern Iran'' (2003) p.247
  10. Schirazi, ''Constitution of Iran'' (1997) p.24-48
  11. ''International Herald Tribune'', 24, October 1979
  12. from ''Le Monde'' newspaper October 25, 1978, "in one of his last interviews before leaving Paris," p.14 of ''The Last Revolution'' by Robin Wright, c2000) (source: Benard and Khalilzad, ''The Government of God'')
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