Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.40 N° 72
Enero
Junio
2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 72 (2022), 856-874
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 06/09/2021 Aceptado el 19/12/2021
Review of the nature of Iran’s
foreign policy in its constitution and its
comparative study with other countries
DOI: https://doi.org/10.46398/cuestpol.4072.52
Amir Kondori *
Seyed Hossein Sadeghi **
Abstract
Iran’s constitution, which was drafted after the victory of the
Islamic Revolution, was mainly inuenced by Islamic ideology.
In this constitution, foreign policy is one of the categories that is
well considered and taking a text of a revolutionary nature and
inuenced by the ideological atmosphere of the regime, aims to
draw up a special strategy in the foreign relations of the Persian
country. Therefore, the purpose of reviewing the foundations and
structure of the foreign policy of the Republic of Iran and, at the
same time, explaining how it develops at the stage of approval
and revision of its constitution prevails. In addition, a comparative study
of Iran’s foreign policy with some countries is carried out, among them:
the United States, France, Turkey, and India. The method used was the
documentary and was based on the interpretation of textual sources with
descriptive and comparative techniques, together with the analysis of the
content of the constitution. The ndings show that Iran’s foreign policy after
the Islamic Revolution is based on Islamic principles and seeks interaction
with all countries through friendly relations.
Keywords: foreign policy; constitution of Iran; compared right; political
system; international relations.
* Assistant Professor, Department of Law, University of Zabol, Iran. ORCID ID: https://orcid.org/0000-
0001-5937-403X
** Assistant Profrssor, Department of Law, University of Zabol, Iran. ORCID ID: https://orcid.org/0000-
0002-0877-5682
857
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 856-874
Revisión de la naturaleza de la política exterior de
Irán en su constitución y su estudio comparativo con
otros países
Resumen
La constitución de Irán, que fue redactada después de la victoria de la
Revolución Islámica, estuvo inuenciada principalmente por la ideología
islámica. En esta constitución, la política exterior es una de las categorías
que está bien considerada y, como un texto de naturaleza revolucionaria e
inuenciada por la atmósfera ideológica del régimen, pretende trazar una
estrategia especial en las relaciones exteriores del país persa. Por lo tanto,
en esta investigación prevalece el propósito de revisar los fundamentos
y la estructura de la política exterior de la República de Irán y, al mismo
tiempo, explicar cómo se desarrolla en la etapa de aprobación y revisión
de su constitución. Además, se realiza un estudio comparativo de la
política exterior de Irán con algunos países, entre ellos: Estados Unidos,
Francia, Turquía e India. El método utilizado fue el documental y se basó
en la interpretación de las fuentes textuales con técnicas descriptivas y
comparativas, junto al análisis de contenido de la constitución. Los hallazgos
muestran que la política exterior de Irán después de la Revolución Islámica
se sustenta en los principios islámicos y busca la interacción con todos los
países mediante relaciones amistosas.
Palabras clave: política exterior; constitución de Irán; derecho
comparado; sistema político; relacione internacionales.
Introduction
On the one hand, constitutions play eective and determining role in
delineation of political, social, economic, cultural, military and security
plans and policies and on the other hand, since constitutions originate
from culture, rules, regulations and intellectual events in any society, they
try to dene and compile local and foreign policy of the country based
on the dominant discourse, governing policies and political strategies. In
Constitution of Islamic Republic of Iran as the major and the most important
law of the country originating from revolutionary-Islamic discourse, foreign
policy is one of the categories which have attracted attention considerably.
Allocation of a chapter of Constitution to foreign policy and other principles
which have considered foreign policy considerably can explain framework
of foreign policy and executive structure and behavioral mechanism of its
agencies.
858
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
Some concepts such as happiness of human, negation of dominance
and submission, defense of Muslims’ rights and support of the oppressed
in the world are of the principles which indicate deep eect of Islamic
ideology and revolutionary approach to principles of foreign policy and
formation of its goals. Specically, in such system, constitution is regarded
as the most important treaty of society. These principles are regarded as
the most important source for recognition of goals, intentions and rules
of foreign policy. Special attention of Constitution of Islamic Republic of
Iran in dealing with category of foreign policy and delineating mental space
aected by revolutionary conditions and doctrine aspect of the system in
foreign policy are the main theme of the paper.
This writing seeks to answer this question: what place category of
foreign policy has in constitutions of the studied countries. What eect do
ideal attitude and doctrinal values of Islamic system have on importance
of place of foreign policy in Constitution of Islamic Republic of Iran? Can
this distinctive role of foreign policy be found in Constitution of Islamic
Republic of Iran? In this research, hypothesis of the writers is that
Constitution of Islamic Republic of Iran aected by an idealistic approach
and based on doctrinal values and revolutionary space compared with the
studied countries have given main role and place to foreign policy.
1. Methods
Utilization of comparative studies, reference to the rsthand sources
such as use of text of the Constitution of Islamic Republic of Iran (as the
most important source and document) and regarding Islamic Republic of
Iran in addition to text of the constitution, utilization of the negotiations of
the parliament in stage of approval and revision and also some secondhand
sources have been considered and analyzed.
1.1. Selection of the compared countries
The compared countries have been selected based on the following
criteria:
1. The compared countries dier in dierent geographical points and
political systems. Therefore, Iranian neighbors (Turkey), Europe
(France), America (USA) and subcontinent (India) have been
considered.
2. The compared countries achieve relative and desirable degree of
eciency and success in legislation and policymaking has been
regarded as the models of other countries such as France and USA.
3. The compared countries have suitable regional place in the eld of
859
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 856-874
foreign policy such as Turkey and India.
4. Considering the latest experiences and events, they should be
included in the latest constitutions enacted in the world.
Theoretical issues
1.2. Agency-Structure interactive method
Structuring theory which was raised by Anthony Giddens delineates an
eective approach in interpretation of these two concepts in interaction
between structure-agency. According to Anthony Giddens, it is improper
to explain social phenomena using only agencies irrespective of role and
function of structures or with emphasis on institutions and structures
without considering approaches and motives of the agencies.
In other words, social institutions and phenomena in broad interactive
process have become meaningful and explainable among structures and
agencies (Adler, 2005). According to him, structures and agencies are
inseparable and both factors should be considered in analysis of social
changes and processes. Therefore, as independent agencies of social
structures cannot act and survive, structures are dependent on action of
agencies in social structures. As a result, social action can be interpreted
and explained in interaction of two concepts of structure-agency (Held and
Mcgrew, 2007).
Social or political structures continue only due to restrictions which they
have on agencies or opportunities with which they provide them. Therefore,
it is meaningless to imagine a structure without the least brief image of
agency who may be aected by it (limited or empowered) (Marsh and
Stoker, 2005).
Structures include a set of factors which provide conditions for activity
of agencies in social environment. On the one hand, structures are regarded
as social reality against actors and make action systematic or limit it and
create distinctive models (Wendt, 2005). Agencies mean the units which are
able to make decision and act in any environment. They may be individuals,
groups and social units. Agencies may act based on conscious intentions or
based on behavioral patterns (Hill, 2008).
Decision is made in foreign policy through interactive process among
actors and each of them is in broad range of dierent structures. Interaction
between them is a dynamic process which results in permanent change
of structures and agencies (Hill, 2008). Ignorance of environmental
and structural factors and ignorance of the characteristics of agencies
can achieve realistic understanding of social action of states but study of
behavior of foreign policy should be conducted based on interaction between
structuresand agencies and behavior of states in the eld of foreign policy
860
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
is explained considering characteristics of the agencies who have power of
choice inside the structural domains (Sotoodeh, 2007).
1.3. Foreign policy in Constitution and its supplement
Some theorists of foreign policy have considered attention of Constitution
of Islamic Republic of Iran to category of foreign policy as a positive point
in evaluation of the Constitution and emphasize on it (Nakhaei, 1997) and
regard it as resulting from global mission of Islamic revolution in realization
of international goals. At the same time, they divert this criticism to
Constitution and the said Constitution has not paid necessary attention to
category of foreign policy (Mohammdi, 2007; Nakhaei, 1997).
In a general denition, Constitution can be regarded as the main rules
and principles in any society which dene political relations of people
with government and institutions and specify quality of distribution and
application of power (Hill, 2004). On this basis, some researchers evaluate
special attention to foreign policy in Constitution of Islamic Republic of
Iran as unconventional, excessively broad, hard and limiting for scope of
powers and action of the agencies of foreign policy and negligent of time
and space elements.
Specically, the reasons for limited attention of the constitutionalists
to foreign policy in enacted principles of Constitution are origin, nature
and essence of constitutional revolution like anti-colonial movement. Lack
of codied laws and regulations in society which specied rights of nation
and scope of powers of the governing body directed Iran society to legal
positivism and tendency to make change in political structure and social
conditions of the country and nally will of Iranian nation in codication
of Constitution was manifested as the most important consequence of
constitutional movement (Ravandi, 1978).
Therefore, despotism and dictatorship as the most stable characteristic
and component of power construction in Iran on the one hand and
lack of sovereignty of law caused main core of thought and ideology of
constitutional movement in limitation of kingdom in the framework of law
(MolaeeTavani, 2002; Nadooshan and ZareeMamoudAbadi, 2005; Zerang,
2005).
The constitutional movement and liberalistic movement of Iranian
people provided opportunity for birth and culture of new thoughts and
experiences which result in codication of Constitution and determination
of nation’s rights as the most important achievement. In the book Iran
and its place among nations, the most important reason for codication
of the constitution is change in political structure of Iran under aegis of
law and vindication of nation’s rights, therefore, main duty of the rst
assembly is to draft Constitution to limit power of king, determine his
861
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 856-874
rights and responsibilities and role of the legislative power in supervision
and enactment of the related laws has been emphasized (Manezam and
Mehrabi, 2008).
Therefore, attention to and emphasis on foreign policy have been less
preferred by the constitutionalists based on such role and function because
reform of absolute political structure of the country and responsiveness
of the political system to people will block the way of any stranger and
domination of the foreigners according to the constitutionalists.
At the end, it should be acknowledged that Constitution of Islamic
Republic of Iran aected by Islamic ideology highly emphasizes on role
of foreign policy in realization of ideal goals while Constitution lacks
ideological attitude and has paid attention to foreign policy in realization
of the local policy and has emphasized on vindication of rights of nation
and sovereignty of law in reform of political system of Iran and nally
prevention of domination of the strangers in political aairs of the country.
Goals of the foreign policy of Iran are studied based on the Constitution
and its supplement is studied based on three cases:
2. Emphasis on supervisory role of the National
Consultative Assembly
Five principles 22, 23, 24, 25 and 26 highly emphasize on importance of
place of the assembly in supervision on performance of the governing body
and the reason is political conditions of Iran and inuence of foreign colony
in all political and economic positions of the country.
2.1. Limitation of powers of Shah in granting concession to
other states
One of the important factors of constitutional movement is increasing
despotism of the governing body and mainly king. This case can be found
in granting expansive concessions to the foreign states that vitiated rights
of the nation.
Therefore, the assembly tried to limit power of shah by supervising on
performance of sovereignty in granting concession to foreign states on
the one hand and prevented from access and inuence of the strangers in
political and economic aairs of the country on the other hand.
2.2. Limitation for the military
By virtue of principle 104, law denes deployment. Duties and rights
of the regime authorities and promotion of positions are governed by law.
862
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
The reason is limitation of foreign armies and prevention from interference
in military aairs of Iran. Therefore, principle 106 expressly has rejected
employment of the foreign armies and stipulates that their residence should
be conrmed by law.
2.3. Foreign policy in Constitution of Islamic Republic of Iran
Of the most important consequences of revolutions particularly
ideological revolutions are emergence and formation of a broad set of
organized attitudes and methods for management of society which try to
present policies based on their ideology based on values and norms. In this
area, gift of Islamic Revolution of Iran was to mention values and ideals
which bound the revolutionists to present it as a new pattern of Islamic
ideology.
They believed that since revolution of Iran is an Islamic movement, its
laws should be based on Islamic laws. Therefore, mission of the Constitution
is to objectify doctrinal elds of movement in intellectual positions and
Islamic worldview based on its introduction. In such space, the experts
who codied the constitution tried to highlight place of foreign policy in
Constitution of Islamic Republic of Iran, therefore, foreign policy of Iran
in text of new Constitution in 1979 has been aected by doctrinal values
of charismatic leadership of the Revolution and social armed forces and
discourse in Revolution and dependent intellectual events.
2.4. Foreign policy in description of negotiations of the
Assembly and nal investigation of the Constitution
Constitution of Islamic Republic of Iran including 175 principles was
codied and enacted in 1979 in Assembly of Experts.
Eorts of the experts of Constitutionwere to design newly established
Islamic system, inspire intellectual beliefs aligned with Islamic ideology
and design role, function and duties of Islamic revolution and content of
political system of Iran in global eld.
Codication of the Constitution meant realization of ideological military
demands which dened and interpreted its goals beyond geographical
borders. According to Islam teachings, when a government with Islamic
identity is created in a part of Islamic land, it should be responsible for
political, social, economic, ethical, and spiritual conditions of all Muslims
since start of formation.
It means that it should help Muslims and create a condition with help
of each other to possess Islamic system and when these systems became
Islamic, formation of a large global political system was natural and
true under auspices of Islam and if it is necessary, global organization
863
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 856-874
of Muslims can be established like UN. Therefore, goals of Constitution
should be presentation of a global pattern which includes and implies social
and Islamic welfare for all Muslim nations in addition to Iran and doesn’t
provide opportunity for showing power of the international imperialists.
Based on this goal, they didn’t accept any of the international laws.
Experts of the Constitution aected by excitement of the rst months of
victory of Islamic Revolution and with feeling of duty toward the entire
world regarded Islamic Revolution of Iran as the second global event
after emergence of Islam and highly emphasized on global nature of the
Constitution.
They also acknowledged that they should determine future of humanity
under aegis of principles of Constitution and believed that Constitution
of Islamic Republic will be supported by nations and countries which are
revolving and they can be shared as a perfect pattern to the entire world
(Manezam and Mehrabi, 2008). They imagined that they should rouse
hope of humane and honorable life in humans based on principles and
fundamentals of Islam and deepen and give meaning to life of humans
(Manezam and Mehrabi, 2008). Therefore, all nations of the world from
east to west wait to watch new achievement of the revolutionists (Manezam
and Mehrabi, 2008).
Experts of Constitution prefer limitation of the global organization of
the Muslims and Iranian support of the revolutions based on global right
and help the oppressed nations in text of the Constitution and regarded it as
a step-in globalization of Constitution (Hashemi, 2005). They believe that
the rst principles of Constitution should be as follows:
Principle 1- Islamic Republic of Iran is government of the believers.
Principle 2 –Muslim nation of Iran is inseparable unit based on the holy
verse of …, principle 3- believers all over the world are members of the united
nation and have common religion, object of worship, scripture, prophet and
single homeland and equal rights and common duties, principle 4-Iran is
an inseparable unit and is an integral part of our homeland is our nation or
Daroleslam (Hosseini, 2005).
2.5. Direct approach to foreign policy
Legislators of the Constitution conrmed special place of this category
in major considerations of Islamic Republic of Iran by allocating chapter 10
of the Constitution to foreign policy. Four principles 152, 153, 154 and 155
of this chapter emphasize on broad scope of goals, intentions and rules of
the foreign policy of Islamic Republic of Iran.
The said principles aected by doctrinal nature of Islamic system of
Iran indicate policies of Islamic Republic of Iran in presentation of new
864
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
behavioral patterns in executive structure of the foreign policy. Chapter 10
of the Constitution indicates will of the revolutionists in generalization of
Islamic-revolutionary ideology in the eld of foreign policy. In the draft of
the constitution, a chapter entitled foreign policy had not been predicted
but experts of the Constitution emphasized on importance of place of
foreign policy and believed that law should be such that the international
imperialists cannot show power (negotiations of the assembly (Hosseini,
2005).
Revision of the principles inserted in this chapter leads to more accurate
recognition of the strategies and goals of the foreign policy of Islamic
Republic of Iran.
Principle 152: negation of any dominance and submission, independency,
territorial integrity, defense of the Muslims’ rights, no obligation toward the
authoritarian powers and mutual peaceful relations with non-combatant
states. This principle is the main essence of the foreign policy of Islamic
Republic. In addition to independency and territorial integrity of the
country, which is based on realistic attitude, other issues manifest idealism
of Islamic system.
To realize goals and ideal values of Islamic Republic, experts of the
Constitution bound Islamic Republic to defend rights of the Muslims as
representative of the Islamic government by resorting to Islamic teachings.
They believed that this responsibility resulted from ideology of Islamic
revolution. Therefore, Islamic Republic must accept multilateral obligations
toward the Muslims and have emphasized those foreign relations of Iran
should be based on relation with nations (Khalili, 2008).
Principle 153: prohibition to conclude any contract which leads to
dominance of the strangers on aspects of the country.
Principle 154: emphasis on happiness of human as ideal of Islamic
Republic of Iran , freedom and government of the truth and justice as right
of all people of the world , avoiding interfering in internal aairs of other
nations and supporting campaigns of the oppressed against oppressors of
the world. The experts of the Constitution aected by conditions of victory
of Revolution and an idealistic space bound Islamic Republic government
to support true global campaigns particularly Islamic revolutions and
emphasized that this issue should be expressed in the constitution and
should have sanction (Khalili, 2008) because Islamic system in any part
of the world is realized according to Islamic teachings and creates a
government of which responsibility is not limited and is responsible toward
all humans and particularly all Muslims.
Therefore, obligation and responsibility toward other Muslims of the
world are regarded as characteristics of the Islamic governments based on
these teachings but it doesn’t mean that Islamic government intends to
865
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 856-874
expand its domain but means that it should help the Muslims and provide
the opportunity for creation of Islamic government in these countries
(Khalili, 2008).
Principle 155: granting asylum by Iran to the political asylums in
case these persons are not traitors and felonies according to laws of Iran
is another aspect of the considerations of foreign policy of the Islamic
Republic in the Constitution.
Three main characteristics can be considered for foreign policy of Iran
based on policies of the Constitution.
3. Limitation for agencies
Constitutions lack long-term goals in structure of foreign policy but
the Constitution of Islamic Republic of Iran search for long-term goals in
foreign policy. This imposes limitations for agencies. Delineation of space
of foreign policy and determination of executive policies, expression of
goals and determining movement of the agencies limit them in this eld.
Constitution directs statesmen and agencies to realization of ideological
goals of the system by determining long-term and unchanging goals in the
eld of foreign policy while there are changes in international system based
on conditions and circumstances so that the states cannot be inexible
toward these changes but foreign policy of Iran is necessary based on
strategies of the constitution without exibility.
3.1. Obligation for the future generations
Provisions of the principles of Constitution and ideological attitudes
toward it show that there are denite goals for foreign policy of the Islamic
Republic. Considerations such as support of the oppressed against the
oppressors, defending rights of the oppressors, defending rights of Muslims,
unity of Islamic nations, eort to realize unity of Islam world in all elds and
other issues indicate that these principles should be criterion for movement
of all generations as they oblige the future generations in advance.
3.2. Pessimistic attitude toward the outside world:
Based on ideology of the Islamic system and attitude of the experts of
the Constitution, the world is divided into two parts: self-otherness.
In principles inserted in the Constitution, literature of negation has
special place. Repeated application of the words such as despotism,
dominance of strangers, and the western world shows that Islamic Republic
looks at the outside world with pessimistic look. This approach governs
866
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
many principles of the Constitution. In all political, economic, cultural
and military elds, the Constitution delineates the world from the self and
otherness viewpoint. In fact, the Constitution has given limited range of
facilities and activities to the agencies and executives through expansive
cultural otherness. Such orientation and principles result in production of
conspiratorial literature about the outside world and international system.
3.3. Studying negotiations in Council for Revision of the
Constitution
Since needs and circumstances are changed due to change and
dynamicity of society and societies aected by these changes require new
conditions, therefore, the constitutions move by accepting reform and
change in alignment with new conditions. In the constitutions, an article
entitled review of the constitution has dealt with this important case so
that they can enact and execute new laws based on social and political
circumstances.
In 1990, the Constitution of the Republic of Iran was revised and two
new principles, namely Articles 176 and 177 were added to it. Therefore,
the Iranian constitution now has 14 chapters and 177 principles (Hashemi,
2005).
Principle 110: this principle has vested the Leadership with expansive
powers but more powers were delegated to the Leader in revision of the
constitution in the elds which can be eective in foreign policy. These
powers include:
1-2-1 the right to declare war and peace and to mobilize forces
1-2-2- The right to determine the general policies of the system in the
Islamic Republic of Iran
1-2-3- The right to monitor the proper implementation of the general
policies of the system
1-2-4- Solving problems of the system through State Exigency Council.
Based on the doctrinal attitude, the Islamic government should be led
by the jurisprudent and according to principle 109 of the Constitution;
he should be qualied for leadership which has been mentioned in this
principle. Experts of the Constitution emphasized that if the Constitution
is not based on the holy book and tradition and the issue of guardianship
of jurist consult is not considered, it will not be enacted by the experts but
issue of guardianship of jurist consult should be regarded as basis of action
in the Constitution of the Islamic Republic (Council for Revision of the
Constitution, 107).
867
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 856-874
Principle 128: ambassadors are appointed as suggested by the minister
of the foreign aairs and enacted by the president. The president has signed
credential of ambassadors and accepts credential of ambassadors of other
countries.
Principle 176: the Supreme National Security Council presided by the
president has the following duties to provide national benets, guard
Islamic Revolution, territorial integrity and national sovereignty:
1. Determining defensive –security policies in general policies
determined by the Leadership
2. coordinating political, informative, social, cultural, and economic
activities regarding general defensive –security strategies.
3. Utilizing material and spiritual facilities for confronting with local
and foreign threats
Experts of the Constitution in Council for Revision acknowledged that
Supreme National Security Council can solve the main problem i.e., national
security which was lacking in the constitution by a new combination which
has been predicted in the constitution in leadership section (Council for
Revision of the Constitution, 1147).
Table 1- Principles of the constitution regarding foreign policy 1-3
(Source: Constitution of the Islamic Republic of Iran,1990)
Row
Chapter or
title
Principle
No.
Foreign policy
principles
Conrmed
subjects
1Chapter
1- general
PRINCIPLES
Principle 2,
paragraphs
b&c
Negation of
oppression and
submissiveness,
independence
Independence ,
responsiveness
2Chapter
1- general
PRINCIPLES
Principle 3,
paragraphs
3,5,11,13,16
Rejection of
colonialism,
prevention from
inuence of the
strangers , keeping
independency,
obligation and
support of the
oppressed
Nationalism,
Cosmopolitanism,
idealism
3Chapter
1- general
PRINCIPLES
Principle 11Unity of Islamic
nations , political –
economic unity of the
Islam world
Idealism,
nationalism
868
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
4Chapter
4- economy
and nancial
aairs
Principle
43
Political
independence , self-
suciency
Responsiveness
5Chapter 6-
the legislative
power
Principle
77
Importance of the
assembly
Responsiveness
6Chapter 6-
the legislative
power
Principle
78
Prohibition to change
the borderlines
Responsiveness
7Chapter 6-
the legislative
power
Principle
80
Borrowing and
lending subject to
enactment of the
assembly
Responsiveness
8Chapter 6-
the legislative
power
Principle
81
Prohibiting to grant
concession for
establishment of
the company to the
foreigners
Responsiveness,
independence ,
xenophobia
9Chapter 6-
the legislative
power
Principle
82
Prohibiting to employ
foreign experts
Islamic interest of
responsiveness
10Chapter
8-leadership
or council of
leadership
Principle
110
Granting right to
declare war, peace
and mobilize forces to
the leader
Isalmistic
11Chapter
9-Exeecutive
power
Principle
125
Duties of the
president
Determining
executive
structure
12Chapter
9-Exeecutive
power
Principle
128
Appointment and
acceptance of
ambassador
Determining
executive
structure
13Chapter
9-Exeecutive
power
Principle
145
No acceptance
foreigners in army
Independence ,
responsiveness,
Xenophobia
14Chapter
9-Exeecutive
power
Principle
146
No establishment of
foreign military base
in the country
Responsiveness,
independence
15Chapter 10-
foreign policy
Principle
152
Negation of
dominance and
submission,
defending Muslims ,
lack of obligation
Realism.
Nationality,
idealism
16Chapter 10-
foreign policy
Principle
153
Prohibiting
contract resulting
in dominance of the
strangers on dignities
of the country
Responsiveness
869
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 856-874
17Chapter 10-
foreign policy
Principle
154
Happiness of human
, government of truth
and justice for all
people of the world,
supporting campaigns
of the oppressed
Idealism
18Chapter 10-
foreign policy
Principle
155
Granting asylum to
political asylums
19Chapter
13- Supreme
National
Security
Council
Principle
176
National benets ,
security, defending
territorial integrity
Realism , national
interests
Praise of the authors.
4. Place of foreign policy in constitution of countries
Taking principles of foreign policy from constitutions of the countries
can indicate characteristics aecting executive structures of the countries.
Therefore, this part of the paper rst refers to place of foreign policy in
constitutions of America, France, India, Turkey and then studies main and
eective points relating to foreign policy of each country and nally studies
condition of foreign policy of Iran in constitution compared with other
constitutions.
4.1 USA
The US Constitution, adopted in 1789, is considered to be the oldest
codied constitution and, with 26 amendments, has survived and had
profound implications for the modern world constitutions alongside the
British and French constitutions. The United States Constitution contains 7
principles and 26 amendments (Hosseini, 2020).
The following principles include cases relating to foreign policy of this
country. These principles include:
The rst principle, Section 8 of paragraph 3: legislating regulations to
commerce with foreign countries and dierent states is one of the powers
of the congress.
The rst principle, section 10: prohibition of accession to a treaty, union,
or confederation for the states.
First principle, section 8, paragraph 2: no state is not entitled to enact
tari or customs duties on import and export without agreement of the
congress unless in necessary cases.
870
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
First principle, section 8, paragraph 3: states have no signatory right for
the agreement or treaty with foreign powers and cannot make war.
Second principle, section 2, and paragraph 2: treaties are concluded
by the president with consultation and agreement of Senate under special
conditions. Ambassadors are appointed by the president.
Second principle, section 3: acceptance of representatives and
ambassadors by the president
Principle 3, section 2: supervision on the concluded treaties, claims
relating to ambassadors and the disputes between one state and citizens
of another state or the disputes in which USA is one of the parties to the
dispute shall be done by the judiciary and regarded as scope of powers of
the judiciary.
4.2. France
Constitution of France relating to 4 October 1958 or the constitution of
the fth republic and the subsequent amendments. It has been mentioned
in introduction of the constitution of this country that France formally
announces its adherence to human rights and national sovereignty
principles as specied in declaration 1789 and conrmed and completed in
introduction of the constitution 1946. The said two texts are regarded as a
part of the constitution of France.
The constitution of France comprises of 17 chapters and 93 principles
among which principles 90 to 93 have been abolished. The principles which
relate to foreign policy:
Second chapter, principle 11: the president proposed by the state is able
to hold a referendum on enactment of the treaties which have eect on
performance of the institutions without contradiction with the constitution.
Chapter Two Article 13: The President has the right to appoint
ambassadors and special representatives
Chapter Two, Principle14: The President receives the credentials of the
ambassadors and envoys of foreign countries
Chapter Two, Principle 16: The President Takes the Necessary Measures
When the Institutions of the Republic, National Independence, Territorial
Integrity, or the Fulllment of International Obligations Are Seriously
Threatened
Chapter 5 Article 35: The declaration of war requires the permission of
Parliament
Chapter 6, principle 52: negotiation about treaties and their signature
shall be done by the president and he should be notied of the negotiations
871
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 856-874
which are made to conclude international agreement and need no signature
of the president.
Chapter 6, principle 53: conrmation of the peace treaties, commercial
treaties and agreements relating to international organizations which are
enforceable in case of enactment of law.
Chapter 6, principle 54: in case council of constitution declares that an
international obligation entails an article contradictory to the constructional
law, it is possible to enact or conrm it after revision of the constitution.
Chapter 6, principle 55: preference of the treaties or agreements which
have been signed and enacted legally to local laws provided that the
opposing party is bound to execute the treaties.
Chapter 14, principle 88: the republic can conclude treaties with the
states with accession to treaty to expand its civilization can conclude
treaties.
4.3. India
Constitution of India was codied by constituent’s assembly in
December 1946 and formalized and enforced on 26 January 1950. Codiers
of the Indian constitution utilized experiences of other countries while
being aected by the British government. The constitution comprised of
151 principles.
The principles relating to foreign policy:
Principle 3 regarding establishment of new states or separation of
borders from any state, change of domains or name of states , unity of two
or more states, unity of each border with any part of a state , increase or
decrease of domains , parliament supervises through law.
Principle 18- none of the Indian citizens should accept any title from the
foreign state without agreement of the president.
Principle 19: emphasis on friendly relations with foreign states as one of
the essential rights of people
Principle 51: regarding international peace and security, states make
eort to expand international peace and security, keep fair and respectful
communication among the nations, increate validly of the international law,
bind the parties to perform the treaties and limit international disputes.
Principle 102: members of the parliament will be incapacitated optionally
in case of accepting nationality of the foreign state.
Article 131: The Supreme Court has the right to judge between India and
other states. This court oversees the conclusion of treaties. This principle
872
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
states that treaties that are concluded before the adoption of the constitution
will not be concluded
Principle 138: the Supreme Court has right of judgment between Indian
government and another state in conclusion of the contract. Right of
judgment of the Supreme Court should be enacted by the parliament.
4.4. Turkey
The rst constitution of this country was enacted in 1876. The said
constitution was abolished in 1878 and enforced again in 1908.
The constitution of this country seriously changed through reforms of
Ataturk since 1920s. The latest changes of the constitution of Turkey were
made in 2004 to pave the way for accession of Turkey to European Union.
The constitution of this country comprised of 7 sections and 176 principles.
The principles relating to category of foreign policy include:
Principle 5: goals and duties of the state include: keeping independency
and territorial integrity and making eort to remove political, social and
economic barriers which limit essential rights and freedoms.
Principle 16: essential rights and freedoms of the strangers may be
limited by virtue of law according to international law.
Principle 69, paragraph 10: political parties which receive nancial
assistance from foreign states, international institutes and persons or
organizations will be permanently dissolved.
Principle 74: citizens and foreign residents are entitled to request
hearing for their complaints considering principle of reciprocity before the
competent authorities and great national assembly of Turkey.
Conclusion
The constitution sets out the main policies, goals, and programs of a
country’s foreign policy. For this reason, the constitution of any country is
the most authoritative ocial document and legal and political source in all
political systems of the world and is of great importance. The constitution
of the Islamic Republic of Iran was written when the revolutionaries tried
to draw the constitution based on Islamic ideology and in a revolutionary
atmosphere.
Therefore, it achieved a high position in achieving the nal goals of
the Islamic Republic and directing its commitments and foreign policy.
According to the agency-structure theory, the interaction between structures
and institutions is an important factor in analyzing and explaining social and
873
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 856-874
political changes and processes. This theory gives a clearer understanding
of the foreign policy of the Islamic Republic of Iran. Since the Constitution
of the Islamic Republic of Iran as the rst and main source in recognizing
and analyzing Iran’s foreign policy in the revolutionary and ideological
conditions of the Islamic system on the one hand and the attitude of experts
in drawing strategies and goals of foreign policy.
On the other hand, in this study, the constitutions of ve countries,
Iran, the United States, France, India and Turkey, were examined and an
attempt was made to discuss the place of foreign policy in the constitutions
of the mentioned countries. The constitutions of the studied countries, with
a realistic approach and without anticipation of long-term goals, have dealt
with the executive structure and foreign policy in the principles related to
foreign policy and has put the preservation of the current situation on their
agenda.
The Islamic Republic of Iran has idealistic and challenging goals for
the current situation in the eld of international system in its foreign
policy goals and the Constitution of the Islamic Republic of Iran among
the constitutions of the studied countries has assigned more principles
to foreign policy and these results are research hypotheses. Proves. Some
of the principles enshrined in the Constitution of the Islamic Republic of
Iran are a reaction to the strategies and political and economic relations
of Iran in the Pahlavi period with other governments, especially Western
governments. Therefore, the greatest emphasis is on rejecting the goals and
plans of the previous regime.
Bibliographic Reference
ADLER, Emanuel, 2005. Communitarian international relations: the epistemic
foundations of international relations. Routledge. London, UK.
CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN. 1990. Constituent
Assembly. Iran, Tehran.
HASHEMI, seyed Mohammad. 2005. Constitutional Rights of the Islamic
Republic of Iran. Mizan Publications. Iran.
HELD, David; MCGREW, Anthony. 2007. Globalization theory: approaches&
controversies. Malden, MA: polity international studies journal.
Cambridge, UK.
HILL, Christopher. 2004. The Changing Politics of Foreign Policy. Translated
by AlirezaTayeb and Vahid Bozorgi. Strategic Studies Center Publication.
For more information about the Constitutions of the World, see: Garner,
Bryan A Black’s law dictionary, MN: Thomson, West. Tehran, Iran.
874
Amir Kondori y Seyed Hossein Sadeghi
Review of the nature of Iran’s foreign policy in its constitution and its comparative study with
other countries
HOSSEINI, Ebrahim. 2020. An Introduction to the American Legal System.
Khorsandi Publications, First Edition.
KHALILI, Mohammad. 2008. Characteristics of the revolutionary foreign
policy from the viewpoint of experts of the Constitution.
MAFINEZAM, ali; MEHRABI, ahmad. 2008. Iran & its place among nations.
Praeger. Westport, Connecticut.
MARSH, David; STOKER, Gerry. 2005. Theory and methods in political
science. Translated by Amir Mohammad Haji Youse, second edition.
Strategic Studies Center Publication. Tehran, Iran.
MOHAMMDI, Mahdi. 2007. Foreign policy of the Islamic Republic of Iran:
Principles and issues. Fourth edition. Dadgostar Publication. Tehran,
Russia.
MOLAEETAVANI, Ali. 2002. The constitution of Republic: roots of democratic
chaos in Iran. Gostareh Publication. Tehran, Iran.
NADOOSHAN, Amir; ZAREEMAMOUDABADI, Hossein. 2005. Multiple
revisions in the constitutional law. Islamic Revolution Documents
Center. Tehran, Iran.
NAKHAEI, Hamid. 1997. Agreement and interference of national interests and
Islamic interest, political and international studies of Ministry of Foreign
Aairs. Tehran, Iran.
RAVANDI, Mahmoud. 1978. Interpretation of Constitution of Iran. Bija.
Tehran, Iran.
SOTOODEH, Maryam. 2007. Changes of international system and foreign
policy of the Islamic Republic of Iran. Ghom: Boostan Ketab.
WENDT, Alexander. 2005. Social Theory of International Politics. Translated
by Homeira Moshirzadeh. Political and international studies of Ministry
of Foreign Aairs. Tehran, Iran.
ZERANG, Mohsen. 2005. Destiny of constitution in three countries of Iran,
France and America. Islamic Revolution Documents Center. Tehran,
Iran.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en enero de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 72
