The Legal Framework of Referendum in the Iranian Constitutional Context

• Published in: Przegla̦d politologiczny no. 3; pp. 125 - 136
• Main Author: Hashjin, Seyed Hossein Malakooti
• Format: Journal Article
• Language: English
• Published: Uniwersytet Adama Mickiewicza 2019; Adam Mickiewicz University
• Subjects: Governance; Politics; direct democracy; constitution; Islamic Republic of Iran; referendum
• ISSN: 1426-8876

In democratic regimes, the participation of citizens in the enforcement of political power constitutes the keystone of the legitimacy of sovereignty. Allowing and valuing the popular will in the political management of a country is necessary for the continuation of the legitimacy of sovereignty. Hence, political systems are still exploring the methods of establishing direct democracy in parallel to representative democracy. Referendum is a form of establishing direct democracy that is based on public votes on political and legal affairs. The legal organization of different kinds of direct democracy is explained in the constitutions. Among the methods of direct democracy, only referendums on the amendment of the constitution, political referendums, and legislative referendums have been recognized in the Constitution of the Islamic Republic of Iran. Although a referendum on the establishment of the Islamic Republic political system and a referendum on the amendment of the Constitution have been held in the legal history of Iran, no legislative referendum has been conducted so far. Senior state officials may propose a referendum and referendums can be held on special and critically important occasions. Regarding the theocratic nature of the Iranian political system, the validity of referendums is contingent upon non-contradiction between the subject of the referendum and the principles of Islamic law. This article explores the legal dimensions of conducting referendums in the Iranian constitutional context with a descriptive-analytical approach.