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Do you approve the Constitution of the Islamic Republic of Iran? | |||||||||||||||||||
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A constitutional referendum was held in Iran on 2 and 3 December 1979.[1][2] The new Islamic constitution was approved by 99.5% of voters.[3]
The referendum was held by the Council of the Islamic Revolution, because Bazargan's Interim Government—which oversaw the previous referendum—had resigned in protest to the U.S. Embassy hostage crisis.[4]
A day before the referendum, when the mourning of Ashura was practiced, Ayatollah Ruhollah Khomeini said those who will not vote tomorrow, will help Americans and desecrate Shohada (Martyrs).[5]
Alongside Islamic Republican Party, the communist Tudeh Party of Iran urged people to vote yes, expressing its support for "Imam's line";[6] while Freedom Movement of Iran requested a yes vote on the grounds that the alternative was an anarchy.[5]
Others, including leftists, secular nationalists and Islamist followers of Mohammad Kazem Shariatmadari, and the prominent opposition group PMOI (People's Mojahedin Organization) called for a boycott. The turnout among Sunni minorities in Kurdistan and Sistan and Baluchestan Provinces, as well as Shariatmadari's home Azerbaijan was low and number of votes fell down in comparison to the referendum held in March. Historian Ervand Abrahamian estimates that nearly 17% of the people did not support the constitution.[7]
In 1907, a supplement to the constitution (fundamental law) was adopted, and some aspects of European constitutional law that were found to be inconsistent with Shia doctrine were accommodated without any attempts to develop Islamic fundamental laws at that time.[8]
In March 1979, the Pahlavi dynasty was overthrown, and an Islamic republic was established following the Iranian Islamic Republic referendum.[9] On April 1, 1979, the 2,500-year-old Persian Empire in Iran came to an end, with Ayatollah Khomeini declaring it as the first day of a "Government of God." He emphasized the need to ratify a new Constitution.
On January 12, 1979, an election for the Assembly of Experts was held, and Ayatollah Khomeini encouraged Iranians to choose their representatives. The Assembly of Experts, functioning as a Constituent assembly, commenced its activities on August 3 and 4, 1979, with 72 representatives from across Iran. During these proceedings, Ayatollah Akbar Hashemi Rafsanjani conveyed Ayatollah Khomeini's message that the "Constitution and other laws in this Republic must be based one hundred per cent on Islam."[10]
The Assembly of Experts continued its deliberations until November 15, 1979, and ultimately, the new Islamic constitution received approval from at least two-thirds of the representatives.[10] In June 1979, Ayatollah Khomeini made minor adjustments to the draft constitution and stipulated that it should be subjected to a referendum.[8]
The proposed new constitution would make Iran an Islamic republic, introduce direct elections for the presidency, create a unicameral parliament, and require any constitutional changes to go to a referendum.[11]
The new constitution was codified according to Shia Islam. Therefore, there was an appendix in which verses of Quran and traditions were cited in support of many articles. Among the applied changes was a chapter on leadership replacing a chapter on monarchy. Two chapters about foreign policy and mass media was added. Some articles from the previous constitution were preserved, such as equality before the law (Articles 19–20); guarantees of the security of life, property, honor, and domicile (Articles 22, 39); freedom of opinion and choice of profession (Articles 23, 28); the rights to due process (Articles 32–36) and to the privacy of communications (Article 25); and a requirement for public deliberations of the Majlis under normal circumstances (Article 69), as well as parliamentary procedure and definition of the rights and responsibilities of the ministers of the Majlis (Articles. 70, 74, 88–90).[8]
| Choice | Votes | % |
|---|---|---|
| For | 15,680,329 | 99.5 |
| Against | 78,516 | 0.5 |
| Invalid/blank votes | 111 | – |
| Total | 15,758,956 | 100 |
| Registered voters | ~22,000,000 | |
| Source: Nohlen et al.[3] | ||
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| Parliamentary |
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| Assembly of Experts |
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| Senate |
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| Local |
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| Constituent |
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| Referendums |
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