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Mehrangiz Kar
11-10-2008
In spite of the complex legislative system in Iran, there are adequate opportunities to eliminate violent, undemocratic and discriminatory laws from the Iranian legal body and replace it with democratic laws that are in tune with the social realities of Iran and the desires of the world. The opportunities that seem useful in this legislative system are:
1- According to section A, part 6 of the Second Article of the Iranian Constitution, the Islamic Republic is a regime that is based on faith in: continuous theological striving of the qualified Islamic jurists based on the Holy Koran and the tradition of the innocent Imams.
Part 6 of this Article emphasizes on the eminent greatness and value of human as well as the freedom, enveloped in responsibility, he has before God.
In section D of the Second Article of the Constitution, it is ordered for the science, technology, and advance experiences of man kind to be utilized in an effort to advance humanity.
Hence, the legislators could use the concept of continuous theological strive in accordance with the needs of the time and place and offer interpretations of the Sharia that will not prevent the passage of modern democratic laws. They can also base the legislation on the collective body of the international human rights law, using it under the pretext of advance experience of mankind. Especially that the Iranian government has signed important human rights documents both before and after the revolution.
2- Expediency Discernment Council and the role it plays provide enough opportunities. The opportunities are so that it will allow legislation even in a customary law system. In instances when the Guardian Council vetoes a democratic bill the Majlis passed due to the bill conflicting with the Sharia, if two-thirds of the Majlis representatives insist on the necessities of the bill, the request then goes to the expediency discernment Council and the Council can pass the bill based on what is expedient for the regime. Hence, the means of customary law legislation is available in Iran and if the expediency council so chose, they could have changed the laws that are not proportionate with the international standards of human rights.
The Iranian government has signed the International Declaration of Human Rights and International Convenant on Civil and Political Rights and International Covenant on Economic and Social Rights, as well as the Convention for the Rights of the Minors. If the Expediency Council would will it, the signed international documents provide the best opportunity for passing democratic laws in the interest of the discernment of the regime and increasing the respect of Iran in the international community. There is no doubt that such action would only happen when the representatives of the people are elected democratically to hold seats in the Majlis.
3- If there was a positive will, the leader could and still can appoint the jurists on the Guardian Council from amongst the religious new thinkers so that they could, in turn, interpret the Constitution and the Sharia in a modern and proper manner with accordance to the realities prevalent in Iran and the world. So far, this opportunity has not been taken advantage of and the continuous striving of the Islamic jurists has not been reflected in the religious opinions of the Guardian Council. This is while the continuous striving of the Islamic jurists, as it was explained, is a demand of the Iranian Constitution.
Over all, it is understood that even in the frame work of a constitution such as that of Iran, if there were no ideological and mental blocks the field of legislation would fare better than it so far has. The ideology is ignoring the realities in Iran and the world and does not want to execute the coordination of the laws with the necessities of time.
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