ABSTRACT
The modern constitutional history of Afghanistan, Iran, and Iraq dates back to the first half of the 20th century, with the arrival and emergence of the idea of constitutionalism in the region. The transition to modern constitutional governments in the three countries involves several distinct types of constitutional births. In Iran, the first modern constitution came following a longer process starting in the mid-1800s and culminating in what has become known as the Constitutional Revolution. In Afghanistan, the first constitution was created by the monarch as a tool for restoration, modernization, and state-building. The first Iraqi constitution was a product of British colonial power. The Iranian Constitution establishes a form of government where the clergy inhabits the executive, legislative, and judicial branches. The more significant body in the area of legislation is the Guardian Council, which is tasked with reviewing the compatibility of legislation with the state religion and with the Constitution.
