A Constitution Is the Expression of a Nation’s Will
Pegah Bani-Hashemi, a senior researcher in law and constitutional studies at the University of Chicago, told the conference “Governing Transition and Safeguarding Citizens’ Rights in Iran” that a constitution is “not merely a legal text but the embodiment of a nation’s will and identity,” and must be drafted through broad collaboration, public awareness and a firm commitment to democratic and human-rights values.
Unable to attend the 31 August 2024 gathering in Oslo due to illness, her speech was delivered on her behalf by fellow jurist Moein Khazaeli. In her remarks, Bani-Hashemi argued that the drafting of a future Iranian constitution must rest on close cooperation between jurists inside and outside the country, alongside social activists. International precedents may prove instructive, she said, but what ultimately matters is strict adherence to human-rights principles and the creation of a framework in which every citizen—regardless of gender, ethnicity, religion, or political orientation—feels represented.
She underlined that a comprehensive constitution must meet two core requirements: first, it must safeguard the rights of minorities and vulnerable groups, including women, children, and ethnic, religious and sexual minorities; second, it must embed effective protective and supervisory mechanisms to prevent discrimination and violence.
Reiterating the centrality of the separation of powers, which she called the cornerstone of any democratic constitution, Bani-Hashemi observed: “Studies of advanced democracies show that the single most important foundation of their endurance is the separation of powers. It may appear straightforward, but it is both vital and complex.” She proposed that the draft constitution for Iran should include independent supervisory bodies, such as constitutional courts and public oversight offices, to curb governmental abuse and to ensure the protection of human rights.
Reflecting on the 1979 revolution, she noted that many Iranians who voted for the Islamic Republic’s constitution were unfamiliar with its contents. That ignorance, she argued, enabled the passage of a charter that facilitated the erosion of fundamental rights. This time, she insisted, lessons must be drawn from that bitter experience: only through civic education and genuine public participation can the drafting of a new constitution command both legitimacy and durability.
Translated from Farsi via machine translation and lightly edited for clarity.