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Published on 14 Sep 2014 | Category : Fundamentals

The Right of National Sovereignty and the Powers Deriving Therefrom

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Article 56

Absolute sovereignty over the world and man 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, nor subordinate it to the vested interests of a particular individual or group. The people are to exercise this divine right in the manner specified in the following articles.

Article 57

The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute wilayat al-‘amr and the Leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.

Article 58

The functions of the legislature are to be exercised through the Islamic Consultative Assembly, consisting of the elected representatives of the people. Legislation approved by this body, after going through the stages specified in the articles below, is communicated to the executive and the judiciary for implementation.

Article 59

In extremely important economic, political, social, and cultural matters, the functions of the legislature may be exercised through direct re- course to popular vote through a referendum. Any request for such direct recourse to public opinion must be approved by two-thirds of the members of the Islamic Consultative Assembly.

Article 60

The functions of the executive, except in the matters that are directly placed under the jurisdiction of the Leadership by the Constitution, are to be exercised by the President and the ministers.

Article 61

The functions of the judiciary are to be per- formed by courts of justice, which are to be formed in accordance with the criteria of Islam, and are vested with the authority to examine and settle lawsuits, protect the rights of the public, dispense and enact justice, and implement the Divine limits [al-hudud al-‘Ilahiyyah].

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