Understanding the Constitutional Monarchy of Persia (1906)
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Constitutional Monarchy of Persia is vested in the person of His Imperial Majesty Sulִtán Muִhammad ‘Alí Sháh Qájár and in his heirs, generation after generation-Constitution of Iran – 1906
Rights of the Persian Throne.
ART. 35. The sovereignty is a trust confided (as a Divine gift) by the people to the person of the King.
ART. 36. The constitutional Monarchy of Persia is vested in the person of His Imperial Majesty Sulִtán Muִhammad ‘Alí Sháh Qájár (may God prolong his sovereignty!) and in his heirs, generation after generation.
ART. 37. The succession to the Throne, in case of there being more than one son, passes to the eldest son of the King whose mother is a Princess and of Persian race. In case the King should have no male issue, the eldest male of the Royal Family who is next of kin shall rank next in succession to the Throne. If, however, in the case supposed above, male heirs should subsequently be born to the King, the succession will de jure revert to such heir.
ART. 38. In case of the decease of the Sovereign, the Crown Prince can only undertake in person the functions of the Throne provided that he has attained the age of eighteen years. If he has not reached this age, a Regent shall be chosen with the sanction and approval of the National Consultative Assembly and the Senate, until such time as the Crown Prince shall attain this age.
ART. 39. No King can ascend the Throne unless, before his coronation, he appear before the National Consultative Assembly, in presence of the Members of this Assembly and of the Senate, and of the Cabinet of Ministers, and repeat the following oath:
“I take to witness the Almighty and Most High God, on the glorious Word of God, and by all that is most honored in God’s sight, and do hereby swear that I will exert all my efforts to preserve the independence of Persia, safeguard and protect the frontiers of my Kingdom and the rights of my People, observe the Fundamental Laws of the Persian Constitution, rule in accordance with the established laws of Sovereignty, endeavor to promote the Ja ‘farí doctrine of the Church of the Twelve Imáms, and will in all my deeds and actions consider God Most Glorious as present and watching me. I further ask aid from God, from Whom alone aid is derived, and seek help from the holy spirits of the Saints of Islám to render service to the advancement of Persia.”
ART. 40. So in like manner no one who is chosen as Regent can enter upon his functions unless and until he repeats the above oath.
ART. 41. In the event of the King’s decease, the National Consultative Assembly and the Senate must of necessity meet, and such meeting must not be postponed later than ten days after the date of the King’s decease.
ART. 42. If the mandate of the deputies of either or both of the Assemblies shall have expired during the period of the late King’s life, and the new deputies shall not yet have been elected at the time of his decease, the deputies of the late Parliament shall reassemble, and the two Assemblies shall be reconstituted.
ART. 43. The King cannot, without the consent and approval of the National Consultative Assembly and the Senate, undertake the government of any other kingdom.
ART. 44. The person of the King is exempted from responsibility. The Ministers of State are responsible to both Chambers in all matters.
ART. 45. The decrees and rescripts of the King relating to affairs of State can only be carried out when they are countersigned by the responsible Minister, who is also responsible for the authenticity of such decree or rescript.
ART. 46. The appointment and dismissal of Ministers is effected by virtue of the Royal Decree of the King.
ART. 47. The granting of military rank, decorations and other honorary distinctions shall be effected with due regard to the special law referring to the person of the King.
ART. 48. The choice of officials as heads of the various government departments, whether internal or foreign, subject to the approval of the responsible Minister, is the King’s right, save in such cases as are specifically excepted by the Law; but the appointment of other officials does not lie with the King, save in such cases as are explicitly provided for by the Law.
ART. 49. The issue of decrees and orders for giving effect to the laws is the King’s right, provided that under no circumstances shall he postpone or suspend the carrying out of such laws.
ART. 50. The supreme command of all the forces, military and naval, is vested in the person of the King.
ART. 51. The declaration of war and the conclusion of peace are vested in the King.
ART. 52. The treaties which, conformably to article 24 of the Fundamental Law promulgated on Dhu’l-Qa’da 14, A.H. 1324 [December 30, 1906], must remain secret, shall be communicated by the King, with the necessary explanations, to the National Consultative Assembly and the Senate after the disappearance of the reasons which necessitated such secrecy, as soon as the public interests and security shall require it.
ART. 53. The secret clauses of a treaty cannot in any case annul the public clauses of the same.
ART. 54. The King can convoke in extraordinary session the National Consultative Assembly and the Senate.
ART. 55. The minting of coin, subject to conformity with the Law, is in the name of the King.
ART. 56. The expenses and disbursements of the Court shall be determined by law.
ART. 57. The Royal prerogatives and powers are only those explicitly mentioned in the present Constitutional Law.
