نوع مقاله : علمی پژوهشی
نویسندگان
1 دکتری حقوق عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز، شیراز، ایران.
2 استاد گروه حقوق عمومی، دانشکده حقوق و علوم سیاسی دانشگاه شیراز، شیراز، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Although most countries have a constitution today, but equipping a legal system with a constitution does not always guarantee its implementation. Therefore, a system can be considered developed in legal terms that can support the constitution in a practical and real way. In Iran, although the first experience of monitoring the legislative process did not take place in the way of Constitutional Justice, and it was founded with the aim of Shariah control of the laws by first-rate jurists, but with the establishment of the Guardian Council, this institution took on both the mission of Shariah proceedings and Constitutional Justice. In this way, all the approvals of the Parliament, in order to become law, need to be controlled by the Guardian Council in order not to contradict the Shariah standards and the Constitution. In this article, next to the main assumption of the implementation of Constitutional Justice in Iran's legal system by the Guardian Council, the cases where it is not possible to implement the Constitutional Justice by the Guardian Council, the judges of the courts can play a role in the implementation of the Constitutional Justice and in the implementation of the Constitutional Justice Cooperate with the Guardian Council.For this purpose, after introducing the main style of conducting Constitutional Justice in Iran, the hypothesis of the possibility of judges playing a role in the Constitutional Justice is analyzed in a legal way.
کلیدواژهها [English]
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