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'reached, so much the better; but, if not, a report of the matter will be submitted to His Imperial Majesty the Shah. Should His Imperial Majesty confirm the decision of the National Assembly, it will be put into execution; but should His Imperial Majesty not confirm it, His Imperial Majesty will command that the question be debated and investigated afresh, and if still a settlement is not arrived at, and if the Senate by a majority of two thirds votes for the dissolution of the National Assembly, and if the body of ministers separately recommends the dissolution of the National Assembly, His Imperial Majesty the Shah's rescript dissolving the National Assembly will be issued, and His Imperial Majesty will in the same rescript command that fresh elections should take place, and the people will have the right to elect the former deputies.
Art. 49. The new Teheran deputies must be ready within one month and the provincial deputies within three months, and as soon as the Teheran deputies are ready the Assembly will open and commence its labors, but they will not discuss the points at issue until the provincial deputies arrive. Bi
mbers are present and a full majority vote in the same sense as before, His Imperial Majesty will approve the decision of the National Assembly and will command that it be put into execution.
ART. 50. During each term of election—that is to say, during two years—a general election will not be called more than once.
ART. 51. It is decreed that the sovereign who succeeds Us should protect these limitations and articles, which aim at the strengthening of the State and of the foundations of the kingdom, and the protection of justice and contentment of the nation, which We have decreed and put into execution, and which they must look upon as their duty to fulfill.
SUPPLEMENTARY CONSTITUTIONAL LAW OF 7 OCTOBER 1907.2
In the name of God the Merciful, the Compassionate!
The following are the articles which, in order to complete the fundamental laws of the Constitution of Persia, have been added to the Constitutional Law signed by His Imperial Majesty the late Mo-. zaffer-ed-Din Shah Kajar on 30 December 1906.3
1 Here follow the attestation and signature of Mozaffer-ed-Din Shah and the seals of the then Crown Prince or Valiahd, Mohammed Ali, and the Grand Vizier, Mushir-edDowleh.
2 Translation based upon the English translations in the British Parliamentary Paper Persia. No. 1 (1909) (London, 1909) (Cd. 4581]; British and Foreign State Papers, 101 ; pp. 534-542; E. G. BROWNE, The Persian Revolution of 1905–1909 (Cambridge, 1910), pp. 372-384 ; and E. G. BROWNE, A Brief Narrative of Recent Events in Persia (London, 1909), pp. 87–101. 3 See above, p. 482.
ARTICLE 1. The official religion of Persia is the branch of the Twelve Imams of the Shiah Sect of Islam.' The Sovereign of Persia must profess and promote this religion.
Art. 2. The National Assembly has been founded by the help of the Twelfth Imam, the bounty of His Islamic Majesty, the watchfulness of the ulema” and the common people. The laws passed by it must never to all ages be contrary to the sacred precepts of Islam and the laws laid down by the Prophet.
It is obvious that the decision as to whether the laws passed by the Assembly are in opposition to the precepts of Islam rests with the ulema. It is therefore officially decreed that for all ages a committee composed of five persons, who shall be mujtahids and religious doctors, and who also must be acquainted with the requirements of the times, shall be elected in the following manner. The ulema and doctors of Islam who are recognized by the Shias as the centre of imitation shall make known to the National Assembly the names of twenty of the ulema possessing the above-mentioned qualities. The National Assembly shall, by agreement or casting of lots, elect five of them or more, according to the requirements of the age, and admit them as members. This committee shall discuss and thoroughly investigate the bills brought in by the National Assembly, and reject, wholly or in part, every one of these bills which is contrary to the sacred precepts of Islam, in order that it may not become law. The decision of this conimittee is final. This article will not be liable to change until the advent of the Twelfth Imam.
Art. 3. The boundaries of the Kingdom of Persia, or of its prov inces, departments and communes, can not be modified except by law.
ART. 4. The capital of Persia is Teheran.
Art. 5. The official colors of the Persian flag are green, white and red, with the sign of the lion and the sun.
ART. 6. The life and property of foreigners resident in Persia are secured and guaranteed, except in those cases in which the laws of the realm make exceptions.
ART. 7. The Constitution, in part or in its entirety, is not liable to interruption.
THE RIGHTS OF THE PERSIAN NATION.
Art. 8. The people of Persia shall enjoy equality of rights before the civil law.
1 Browne's translation seems to give a rendering of religious terms which is more literal, but less expedient for the present purposes, and contains some ejaculatory phrases after mention of religious personages which it has been thought expedient to omit here.
2 That is, the doctors of theology, especially the mujtahids.
Art. 9. The life, property, domicile and honor of every individual is secured and guaranteed from every kind of injury. No one can be disturbed except by order of, and in the manner defined by, the laws of the land.
ART. 10. Except when found in flagrante delicto committing crimes, misdemeanors or serious offenses, no one can be immediately arrested except by a written order of the president of the Tribunal of Justice in accordance with the law. Even then the offense of the accused must be made known to him at once, or at the latest within 24 hours.
Art. 11. No one can be prevented from appearing before the court which should decide his case and be forced to refer the matter to another court.
Art. 12. No punishment shall be decreed or executed except by law.
Art. 13. The dwelling-place and house of every individual is inviolable. In no dwelling-place can forcible entry be made, except by order of, and in the manner defined by, law.
Art. 14. No Persian can be exiled or prevented from residing in any place, or forced to reside in any place, except in the cases defined by law.
Art. 15. No owner can be deprived of his land except by sanction of the Sheri, and then only after the fixing and payment of a just price.
Art. 16. The sequestration of the property or possessions of any person as a penal measure is forbidden, except by order of law.
Art. 17. It is forbidden to deprive owners or possessors of the properties or possessions controlled by them on any pretext whatever except by order of law.
Art. 18. The acquisition and study of arts, letters and sciences is free, except in so far as they are forbidden by the Sheri.
Art. 19. The foundation of schools at the expense of the State and the people, and compulsory education, must be in accordance with the Law of the Ministry of Sciences and Arts, and all primary and secondary schools must be under the direction and supervision of that Ministry.
ART. 20. All publications, except heretical works containing matter harmful to the religion of Islam, are free, and are exempt from censureship. Whenever anything contrary to the law of the press is found in them, the publisher or author will be punished in accordance with that law. If the author is well known and resident in Persia, the publisher, printer and distributor shall be secured from any action being brought against them.
ART. 21. Societies and associations which do not provoke religious or civil strife are free throughout the realm ; but their members must be unarmed and must obey the regulations which the law on this subject shall lay down. Meetings in the high roads or public squares must be held in accordance with the laws of the police.
Art. 22. Postal communications are inviolable and exempt from seizure or opening, except in cases in which the law makes exception.
Art. 23. The publication or seizure of telegraphic communications without the permission of the author of the telegram is forbidden, except in cases in which the law makes exception.
ART. 24. Foreign subjects can acquire Persian nationality. The acquisition, preservation or divestment of nationality will be in accordance with a separate law.
ART. 25. Permission is not required to bring action against government officials for offenses connected with their duties, except in the case of ministers, in whose case the special laws enacted in this respect must be observed.
THE POWERS OF THE REALM.
Art. 26. The powers of the realm spring from the people. The Constitution defines the method of using those powers. ART. 27. The powers of the realm are divided into three parts:
1. The legislative power, whose province it is to make and amend laws. This power emanates from His Imperial Majesty the Shah, the National Assembly and the Senate. Each one of these three sources possesses the right of originating laws; but their passing is conditional to their not being contrary to the laws of the Sheri, to the approval of the two houses and to their receiving the imperial signature. “But the making and approval of laws relating to the l'evenue and expenditure of the realm belongs to the National Assembly alone. The explanation and interpretation of laws is the peculiar duty of the National Assembly.
2. The judicial power, which consists in the distinguishing of rights. This power belongs to the Sheri tribunals in matters appertaining to the Sheri, and to the courts of justice in matters appertaining to the civil law (urf).
3. The executive power, which rests with the King. That is to say, the laws and decrees will be executed by the ministers and officials in the name of His Imperial Majesty in the manner defined by law.
ART. 28. The three above-mentioned powers shall always be differentiated and separated from one another.
ART. 29. The particular interests of each province, department and commune shall be regulated by the provincial and departmental councils in accordance with their own particular laws.
THE RIGHTS OF THE MEMBERS OF THE ASSEMBLY.
ART. 30. The members of the National Assembly and the Senate represent the whole nation, not only the particular classes, provinces, departments, or communes which have elected them.
ART. 31. One person can not at the same time be a member of both houses.
ART. 32. As soon as a member becomes a salaried government servant, he ceases to be a member. He can only become a member again after resignation of his government post and his reelection by the people.
ART. 33. Each of the two houses has the right to inquire into and investigate all the affairs of the kingdom.
ART. 34. The discussions of the Senate while the National Assembly is not sitting can have no effect.
THE RIGHTS OF THE PERSIAN Crown.
ART. 35. The sovereignty is a trust which, by the grace of God, has been conferred on the person of the King by the people.
ART. 36. The constitutional monarchy of Persia is vested in the person of His Imperial Majesty Mohammed Ali Shah Kajar and his descendants from generation to generation.
ART. 37. The Valiahd, in the event of there being more than one child, shall be the eldest son of the King whose mother is a Persian by birth and a Princess. If the King has no male issue, the eldest male of his family who is next of kin shall become Valiahd. If, in this case, a male child is afterwards born to the King, the succession shall de jure revert to him.
ART. 38. In the event of the death of the King, the Valiahd can only govern in person when he has reached the age of 18. If he has not attained that age, a Joint Committee of the National Assembly and the Senate shall elect a Regent to act for him until he reaches the age
ART. 39. No King can ascend the throne unless, before his coronation, he appear before the National Assembly, and in the presence of the members of the National Assembly and the Senate and the Cabinet of Ministers swear the following oath:
I take the Lord Most High to witness, and I swear by the Holy Word of God and by all that is sacred before God, that I will devote all my energy to preserving the independence of Persia, guarding and protecting the limits of the realm and the rights of the people, be the guardian of the fundamental law of the Constitution of Persia, rule in accordance with it and the laws which have been decreed, strive zealously to propagate the sect of the Twelve Imams of the Shia religion, and will consider God Almighty a witness to my every act and deed.
11. e., the crown prince or heir apparent.