Right to Referendum in the Constitution of the Islamic Republic of Iran and International Human Rights Instruments

Abstract

Right to sovereignty of the people is emphasized and its exercise through free and fair elections is foreseen in many international human rights instruments. One of the safest ways to ensure the sovereignty of the people is to recognize the right to referendum so that the legitimacy of any political system is assessed by the quality of holding elections and referendum. In a human rights approach, the referendum cannot be interpreted in such a way that limits the initiative of people to exercise their right to self-determination. Considering the acceptance of Islam by the Iranian nation, the foundations of governance and the way to exercise it in the system of Islamic Republic of Iran is determined in accordance with the religious and cultural teachings of the society. The Iranian Constitution, in numerous articles, has introduced the right to sovereignty as a Divine right and has regarded it as a right belonging to the nation in order that the right to participate in elections and referendum is recognized as a fundamental right in the constitutional law of Iran. Many of the examples of human rights and methods of establishing the sovereignty of the nation are not only recognized in the Constitution of the Islamic Republic of Iran, but also the existence of the Islamic Republic of Iran and the Constitution is exclusively originated from the people's votes.

Keywords

• referendum
• right
• sovereignty of the people
• human rights
• islamic republic