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Constitutionalism: From Protest to Movement and Revolution

The protest for the rule of law, which began in Tehran in Azar 1284 AP (1323 AH / 1905 AD), gradually evolved into a constitutionalist orientation and reached its peak with the signing of the Constitutional Decree in Mordad 1285 AP (Jumada al-Thani 1324 AH) by Muzaffar al-Din Shah ^[1]. In the initial stages of the constitutional movement, the principal demand of the protesters and the clergy was the establishment of a "House of Justice" (Adalatkhaneh), a demand also articulated during the migration of the clergy to the shrine of Abd al-Azim. However, as government resistance persisted, popular protests expanded, and participation by diverse social groups increased, demands gradually transcended the call for a House of Justice and culminated in the demand for a "National Consultative Assembly" ^[2].

Under the influence of domestic conditions and political mediation, Muzaffar al-Din Shah Qajar acceded to the demands of the protesters and issued the decree establishing the National Consultative Assembly. This decree declared the formation of an assembly comprising representatives of various social classes, including princes, clergy, nobles, merchants, and guilds, for the purpose of consultation on affairs of state and administrative reform. A supplementary royal decree subsequently reaffirmed the formal establishment of the Majlis and laid the groundwork for the implementation of its procedural regulations ^[3]. The initial constitutional decree issued by the Shah did not satisfy the constitutionalists ^{[4] [2] [5]}. Furthermore, the dispute between the constitutionalists and the court over the name of the legislative body, particularly the use of "Islamic Consultative Assembly" versus "National Consultative Assembly," led to a multi-stage process of issuance, revision, and reissue of royal decrees. This dispute resulted in the text of the Constitutional Decree being rewritten on multiple occasions until agreement was finally reached on the title "National Consultative Assembly" ^[5]. The First Majlis was inaugurated on 18 Sha'ban 1324 AH / 14 Mehr 1285 AP / 7 October 1906 AD, and the representatives immediately commenced drafting the constitution, which was signed by Muzaffar al-Din Shah on 8 Dey 1285 AP / 14 Dhu al-Qa'da 1324 AH / 30 December 1906 AD ^[6]. The Shah passed away several days later.

The early successes of the constitutional protest and the rising ceiling of demands, together with subsequent events, transformed the constitutional protest into a broad-based movement throughout Iranian society. This movement succeeded in making possible the separation of legislative and executive powers, ministerial accountability to the Majlis, royal accountability, and the formulation of an electoral system, thereby initiating legal and administrative reforms within the structure of the Iranian state. Constitutionalism also encompassed a form of state rationalization that stood in opposition to the workings of the absolute system and, to a degree, to a jurisprudence dependent on the independent reasoning of individual jurists. This transformation was manifested in the institutional changes enshrined in the Constitution of 1285 AP / 1906 AD and its supplement the following year (1907 AD), as well as the Law of Provincial and District Councils (1286 AP / 1907 AD) ^[7]. The addition of the supplement to the constitution in 1286 AP / 1325 AH / 1907 AD considerably broadened the political scope of the text of 1285 AP / 1324 AH / 1906 AD ^[8]. However, the constitutional crisis in Iran reached its peak on the eve of and following the drafting of the supplementary constitution, as internal contradictions between the constitutionalist forces and their opponents intensified. In the wake of Muhammad Ali Shah's coup and the bombardment of the Majlis, the political atmosphere of the country was severely repressed. Constitutionalists were either killed or imprisoned, or took up resistance in cities such as Tabriz, Rasht, Isfahan, and elsewhere ^[9].

While the contest between "constitutionalism" (Mashruteh) and (Mashru'eh) continued simultaneously as a theoretical and practical struggle between parliamentary government and governance based on religious-legal interpretation, divisions had emerged among the clergy who opposed absolute monarchical despotism. These divisions arose principally from differing interpretations regarding the legitimacy or illegitimacy of the constitutional system, the basis of governmental legitimacy, the nature and method of legislation, and the principles of freedom and equality within a constitutional framework. Many pro-constitutionalist clerics perceived no contradiction between the theoretical principles and practical functions of the constitutional system and the National Consultative Assembly on one hand, and the precepts of Islamic law on the other, and continued to support it. In contrast, clerics and religious scholars who advocated for Mashru'eh constitutionalism, led by Sheikh Fazlollah Nuri, regarded constitutionalism and the National Consultative Assembly as incompatible with certain foundations of religious law and clerical authority, and thus withdrew their support for the constitutional movement and took up opposition against it ^[10]. Muhammad Ali Shah, for his part, positioned himself as a supporter of the Mashru'eh position and adopted stances accordingly ^[4]. He subsequently entered into conflict with the Majlis and issued a proclamation asserting the corruption and ulterior motives of certain deputies and speakers and calling for their exile. On Tuesday, 23 Jumada al-Awwal 1326 AH, a contingent of troops was dispatched by royal order to besiege the Majlis, which was then subjected to artillery bombardment. Following this bombardment of the Majlis, ordered by Muhammad Ali Shah Qajar and carried out by a brigade under the command of the Russian Colonel Liakhov on 23 Jumada al-Awwal 1326 AH / 2 Tir 1287 AP / 23 June 1908 AD, the government of Muhammad Ali Shah proceeded to suppress constitutionalists in Tehran and the provinces and dissolved the provincial and district councils ^[11]. From this point onward, the constitutional movement entered a revolutionary phase, departing from the stage in which it had been shaped by royal decree, and continued through the armed resistance of constitutionalist forces ^[12]. This process transformed the confrontation between monarchical despotism and Majlis-based governance into the central question of Iranian politics.

The bombardment of the Majlis marked the beginning of a period known as the Minor Tyranny (Estebdad-e Saghir) (1326 AH / 1287 AP / 1908 AD to 1327 AH / 1288 AP / 1909 AD) and constituted a turning point in the history of Iranian constitutionalism. The events and conflicts of the Minor Tyranny period brought about a realignment of constitutionalist and royalist forces, with two armed contingents, one from the north and one from the south, resolving to oppose Muhammad Ali Shah ^[4]. During this period, the constitutionalist resistance in Tabriz, led by Sattar Khan and Baqir Khan, continued for nearly a year and became the most important center of defense for constitutionalism. Eventually, constitutionalist forces under the command of Sepahdar-e Azam from the north and Sardar Asad Bakhtiari from the south advanced on Tehran, seized the capital, and deposed Muhammad Ali Shah. Ahmad Mirza was subsequently selected as king and the groundwork was laid for the restoration of the constitutional system and the convening of the Second Majlis ^[11].

The Minor Tyranny period began with Muhammad Ali Shah's coup on 2 Tir 1287 AP / 1908 AD and continued until 25 Tir 1288 AP / 1910 AD. Following the conquest of Tehran, an extraordinary council comprising leaders of the Fedayeen (Constitutionalist Fighters), Bakhtiari chiefs, princes, former ministers, former Majlis deputies, senior jurists, and prominent merchants convened on the night of 25 Tir 1288 AP / 1910 AD. This council deposed Muhammad Ali Shah, selected his fourteen-year-old son Ahmad Shah as king, and appointed Azod al-Molk as regent. In the provisional government subsequently formed, Sepahdar was appointed Minister of War and Sardar Asad Bakhtiari was appointed Minister of the Interior ^[4].

It is noteworthy that in 1285 AP and 1287 AP / 1906 AD and 1908 AD, two constitutional regimes emerged in the Middle East, first in Iran and subsequently in the Ottoman Empire, both of which constituted part of a global wave of constitutionalist movements in the early twentieth century. Within this framework, Iranian constitutionalism and the Young Turks movement exerted a reciprocal influence on one another, giving rise to a form of shared constitutionalist narrative. The victory of the Iranian Constitutional Revolution served for Ottoman constitutionalists both as a practical model demonstrating the possibility of overturning despotism and as a source of political hope ^[13] (Vojdani, 1394: 521-522).

The Iranian Constitutional Movement may be regarded as one of the pivotal turning points in the political and social history of this country. It demonstrated how a protest with limited demands can, given favorable conditions and expanding social participation, evolve into a movement and ultimately a revolution that fundamentally transforms the structure of governance. The transition from the demand for a "House of Justice" to the establishment of a "National Consultative Assembly" and the drafting of a constitution represents a clear example of this gradual evolution. Nevertheless, Iranian constitutionalism was not without its challenges. Internal contradictions among various currents, including constitutionalists, pro-constitutional clergy, and advocates of Mashru'eh governance, alongside court resistance and foreign intervention, rendered the path toward consolidating the constitutional system arduous and costly. The Minor Tyranny and the bombardment of the Majlis demonstrated clearly that despotic regimes, even after apparent retreat, remain prepared to reclaim popular achievements through force and repression. Yet what made constitutionalism enduring was the steadfastness of freedom-seeking forces. The resistance of various provinces and the subsequent conquest of Tehran by constitutionalist forces demonstrated that the ideals of freedom and the rule of law had taken deep root in Iranian society. Viewed within a broader perspective, the Iranian Constitutional Movement was part of a global wave that swept through the late nineteenth and early twentieth centuries, demonstrating that the desire for the rule of law and the limitation of autocratic power was a shared aspiration among diverse peoples.