The Ratification and Status of the International Treaties in the Legal System of the Islamic Republic of Iran

Seyed Ahmad Tabatabaei ,Siamak Karamzadeh

doi:10.5539/jpl.v10n5p85

Abstract

After the Islamic revolution in Iran in 1979, fundamental changes occurred in Iran’s political and legal system. Pursuant the referendum on creating the Islamic Republic in March 1979, the new constitution came into force in the same year and many of the ordinary laws of the country were also reformed. The purpose of this study is to consider the method of ratification of international treaties and the status of these instruments in the legal system of Iran. Firstly, the stages of the ratification of treaties in Iran's legal system have been explained. Secondly, the position of treaties among the other laws is discussed. This study concludes that, the international treaties, like ordinary laws, primarily should be passed by the Islamic Consultative Assembly; and after the approval of the Guardian Council, they should be signed by the President. Under the Constitution of Iran all international treaties should all be ratified by the Islamic Consultative Assembly (parliament) and the Guardian Council; however, based on the interpretations of the Guardian Council and the executive procedures, some treaties have been excluded from the ratification of the Islamic Consultative Assembly. International treaties may enjoy a higher position than that of the ordinary law through an objective interpretation, although they have been recognized as ordinary laws by the Article 9 of the Civil Code of Iran.

Highlights

In the second half of the 1970s, the emergence of social protests against the Pahlavi regime in Iran advanced from intellectual spheres to public zones and it turned into a vast revolution throughout the country
It is true that the procedure of ratification and publication of international treaties in Iran is the same as that of internal ordinary laws
According to the Constitution, all of the legislations passed by the Parliament, including international treaties, should be compatible with religious regulations and the Constitution; the Guardian Council is the institution to take care of this issue

Summary

Introduction

In the second half of the 1970s, the emergence of social protests against the Pahlavi regime in Iran advanced from intellectual spheres to public zones and it turned into a vast revolution throughout the country. In February 12th, 1979 after the fall of the ruling regime, the Islamic Republic system was founded. The new constitution was written and many domestic laws were reformed (Note 1). In the new legal system, based on the Constitution, the relative separation of the powers was approved; and apart from the three main powers, the Leading Authority, invested with considerable power, was established. Since 1979, the Constitution of Iran has been reformed just once in 1989 through the referendum. This reform is not concerned with the issue of international treaties

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