PERSIA.

The form of government in Persia up to the year 1906 was, in its most important features, similar to that of Turkey. The Shah, within the limitations imposed by the Mohammedan religion, was an absolute ruler, generally regarded by the people as the vice-gerent of the Prophet. As a result of the troubles provoked by the unpopu larity of the grand vizier (Ain-ed-Douleh), the Shah (Mozaffer-edDin) published a rescript 1 under date of 5 August 1906 (14 Jomada II 1324) announcing that "a National Council (Mejlis) would be elected from among the princes, savants, Kajars, nobles, proprietors, business men and workmen," to deliberate upon necessary reforms. An Electoral Law was published on 9 September (20 Rajab)2 and elections were held in the beginning of October. On 7 October the Shah opened in person the First Mejlis. Its leaders rapidly drew up a Constitution, which the Shah signed on 30 December (14 Dulkaada), a few days before his death. His son, Mohammed Ali, succeeded him (8 January 1907). Although the new Shah was opposed to representative government and vigorously opposed all efforts of the constitutionalist party, the latter won over the leaders of the conservatives, and, as a result, the Shah accepted, on 7 October 1907 (29 Shaaban 1325), the Supplementary Constitutional Law.

The First Mejlis was forcibly dissolved, with bloodshed, by the notorious Colonel Liakhoff, the Russian commander of the Shah's Cossack brigade, in the coup d'état of 23 June 1908, and a rescript was issued on 22 November which abolished the Constitution. Civil war became so intense that Russia determined to employ military intervention. The profound impression produced in Persia by the fall of the Sultan Abdul Hamid II at Constantinople caused the Shah to sign a rescript reestablishing the old Constitution " without any alteration" and opening the parliament, but, before a new electoral law could be drafted, constitutionalist troops occupied Teheran (13 July 1909). Three days later an extraordinary assembly of representatives of the Persian people deposed the Shah Mohammed Ali, and, in conformity with the Constitution, proclaimed

1 English translation of the Shah's firman is given in British and Foreign State Papers, 101 p. 526; E. G. BROWNE, The Persian Revolution of 1905-1909 (Cambridge, 1910), pp. 353-354; and E. G. BROWNE, A Brief Narrative of Recent Events in Persia (London, 1909), pp. 65-66.

2 English translation in BROWNE, The Persian Revolution, pp. 355-361, and A Brief Narrative, pp. 67-74; French translation in the Annuaire de législation étrangère, 36 (1906): pp. 754-757.

his minor son, Ahmed Mirza, Shah under a regency, which was terminated on 21 July 1914, when the young Shah was declared to be of age.1

CONSTITUTION OF 30 DECEMBER 1906.2

[PREAMBLE.]

In the name of God the All Merciful!

Whereas by Our Firman of 5 August 1906,3 We commanded the institution of a National Assembly for the progress and welfare of the State and nation, the strengthening of the foundations of the kingdom and the carrying out of the laws of His Holiness the Prophet; and whereas, in accordance with the clause by which it is provided that, as each individual member of the State has a right to take part in the superintendence and decision of public affairs, We therefore have permitted the election and appointment of deputies on behalf of the nation; and whereas the National Assembly has been opened through Our gracious benevolence, We have decreed the following articles of constitutional regulations for the National Assembly, including the duties and functions of the Assembly and its limitations and relations towards government departments.

THE INSTITUTION OF THE ASSEMBLY.

ARTICLE 1. The National Assembly has been instituted in accordance with the Imperial Firman of 5 August 1906.

ART. 2. The National Assembly is the representative of the whole Persian nation, which shares in political and domestic affairs.

ART. 3. The National Assembly shall be composed of members elected at Teheran and in the provinces, and the place of their meeting shall be at Teheran.

ART. 4. The number of deputies for Teheran and the provinces is at present, in acordance with an Electoral Law separately promulgated, 162 persons, but if necessary may be increased to 200.

ART. 5. The deputies shall be elected for two whole years. This period shall begin from the day on which all the provincial deputies

1 These introductory paragraphs are based upon E. G. BROWNE, The Persian Constitutional Movement (London, 1918); F. R. DARESTE ET P. DARESTE, Les Constitutions modernes (Paris, 1910), vol. II, pp. 684-685; and the two works by BROWNE mentioned in note 1, p. 481. Cf. also The Statesman's Year-book (1916, 1917 and 1918).

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. 527-534; E. G. BROWNE, The Persian Revolution of 1905-1909 (Cambridge, 1910), pp. 362-371; and E. G. BROWNE, A Brief Narrative of Recent Events in Persia (London, 1909), pp. 75-86.

3 See above, p. 481, note 1.

assemble at Teheran. After the lapse of two years deputies must be again elected, but the people are at liberty to reelect members if they are pleased with them.

ART. 6. The Teheran deputies shall have the option of instituting the Assembly and starting discussion and debates. Their decisions by majority during the absence of the provincial deputies will be valid, and are to be carried out.

ART. 7. When debates are started, at least two thirds of the members must be present, and when questions are put to the vote, three quarters of the members present give their votes. A majority shall be obtained only when more than half of those present in the Assembly record their votes.

ART. 8. The time of recess and of sitting of the National Assembly shall be fixed by the Assembly itself, according to the internal regulations. After the summer recess, the Assembly must again sit and begin its labors on 8 October, which is the date of the celebration of the opening of the First Assembly.

ART. 9. The National Assembly may convene extraordinary sittings during the recess.

ART. 10. When the Assembly opens, an address must be submitted to His Imperial Majesty, and it shall afterwards have the honor of receiving an answer from that royal and august quarter.

ART. 11. As soon as members of the National Assembly join, they must take and subscribe to the following oath:

Form of the Oath.

We who have signed below invite God to be our witness, and we take oath by the Koran that, so long as the rights of the Assembly and the members of the Assembly are protected and carried out in accordance with these regulations, we will carry out the duties entrusted to us, as well as possible, with the greatest sincerity and straightforwardness, and to our best ability, and we will be true and truthful to our just Sovereign, and will not be traitors to the foundations of sovereignty or the rights of the nation, and we will have no other object but the advantage and the interests of the government and nation of Persia.

ART. 12. No person on any pretext whatever, shall have the right to proceed against any member of the Assembly, without the knowledge and approval of the National Assembly. Should by chance one of the members be guilty of a public offense or crime, and should he be arrested in flagrante delicto, the carrying out of punishment must be with the knowledge of the Assembly.

ART. 13. In order that the result of the discussions of the National Assembly should be carried out, their proceedings must be public. Newspaper reporters and the public have the right to be present and to listen, in accordance with the internal regulations, but without

the right of speaking. Newspapers may print all the debates of the Assembly without altering their meaning, so that the public should be aware of all their proceedings. Everyone, subject to his paying due regard to the public good, may discuss them in the public press, so that no matter should be hidden from anyone. Therefore, all newspapers, so long as their publications are not contrary to any of the articles of the Constitution of the nation or State, are empowered to print matters of public utility, such as the debates of the Assembly and the observations of the people on those debates. Should any one publish an untrue report of the debates with personal motives, or make a libel, he will render himself liable to an inquiry, proceedings and punishment, according to law.

ART. 14. The National Assembly, in accordance with separate regulations entitled the internal regulations, shall regulate its own personal affairs, such as the election of a president, a vice-president. secretaries, and other officers, as well as the debates, etc.

THE DUTIES OF THE ASSEMBLY AND ITS LIMITATIONS AND RIGHTS.

ART. 15. The National Assembly has the right to discuss truthfully and sincerely all matters it considers to be desirable in the interests of the State and nation to investigate; and, subject to the approval of a majority, to submit them in the enjoyment of the utmost safety and confidence, with the approval of the Senate, to His Imperial Majesty the Shah, through the Prime Minister of the State, for His Majesty's signature, and to be then put into execution.

ART. 16. In general, all laws necessary for the strengthening of the government and kingdom, and the regulation of State affairs, and for the establishment of ministries, must receive the sanction of the National Assembly.

ART. 17. The necessary bills for making new laws, or for the alteration, amplification, or cancellation of existing laws, shall, when desirable, be prepared by the National Assembly to be submitted to His Imperial Majesty the Shah for signature with the approval of the Senate, and to be then put into execution.

ART. 18. The regulation of financial matters, the modification of the budget, the alteration of the arrangement of taxation, the refusal or acceptance of impositions, as well as the inspections which will be undertaken by the government, shall be done with the approval of the Assembly.

ART. 19. The Assembly will have the right for the purpose of reforming financial matters and facilitating the relations of the governors and the apportioning of the provinces of Persia, and the reappointment of governors, after the Senate has given its approval, to

demand from the government authorities that the decision arrived at should be carried out.

ART. 20. The budget of each ministry must be finished for the succeeding year in the last half of each year, and must be ready fifteen. days before the Festival of the Nawrúz.1

ART. 21. Should it be necessary with regard to the constitutional laws of the ministries to make a new law, or to alter or cancel existing laws, it will be done with the consent of the National Assembly, whether its necessity be first pointed out by the Assembly or by the responsible minister.

ART. 22. Whenever a part of the revenue or property of the government or State is to be sold, or a change of frontier or border becomes necessary, it will be done with the approval of the National Assembly.

ART. 23. Without the approval of the National Assembly no concession whatever for the formation of companies or associations shall be granted by the government.

ART. 24. Treaties, conventions, the granting of concessions, monopolies, either commercial, industrial, or agricultural, whether the other party be a native or a foreigner, can only be done with the approval of the National Assembly. Treaties which it may be in the interests of the government or nation to keep secret are excepted.

ART. 25. All government loans of any nature whatsoever, whether internal or foreign, will be made with the knowledge and approval of the National Assembly.

ART. 26. The construction of railways or roads, whether the cost be defrayed by the government, by associations or companies, whether native or foreign, can only be undertaken with the approval of the National Assembly.

ART. 27. Should the Assembly find in any place a fault in the laws or an irregularity in their fulfilment, it will draw the attention of the responsible minister to the same, and he will have to give the necessary explanations.

ART. 28. Should a minister, in contravention of one of the laws which have received the imperial sanction, by misrepresentations obtain the issue of a written or verbal order from His Imperial Majesty the Shah, and excuse himself thereby for his delay and negligence, he will by law be responsible to His Imperial Majesty the Shah.

ART. 29. Whichever minister who in a matter or matters should not be able to answer for his actions in accordance with the laws approved by His Imperial Majesty, and if it should be apparent that he has broken the law and transgressed the stipulated limitations, the

1 The Nawrúz, or Persian New Year's Day, falls about 21 March in each year.