A Comparative Study of Judicial Supervision in the Implementation of Constitutional Justice (with an emphasis in Iran's legal system)

Document Type : Original Article

Authors

1 PhD in Public Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.

2 Professor, Department of Public Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.

Abstract

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.

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References

  • Darvishvand, Abolfazl,Raji, Mohammad Hadi, An analysis on the supervision of laws and regulations in the legal system of the Islamic Republic of Iran, Islamic government Journal ,No 3, 2011. (In persian)
  • Dixon, Rosalind and Stone, Adrienne (2018), The Invisible Constitution in Comparative, Cambridge University Press.
  • Emami, Mohammad, Mousavi, Nasrollah (2021), an introduction to the foundations of constitutional rights and political systems, mizan . (In persian)
  • Favreau, Louis (2020), Constitutional Courts,Translated by Ali Akbar Gorji,Mizan. (In persian)
  • Gorji (2014), Ali Akbar, In the effort of the constitutional law,Jangal. (In persian)
  • Ghamami, Seyyed Mohammad Mehdi (2020), Comparative Constitutional Justic , Research Institute of the Guardian Council. (In persian)
  • Grimm. Dieter (2016), Comparative Perspective, Cambridge University Press.
  • Hamon, Francis, Weiner, Selene  ,Protection of the constitution In France and the USA, Translated by Mohammad Jalali, constitutional law Journal,No 2,2002. (In persian)
  • Harisinejad, Kamaloddin (2007), comparative constitutional law,Aidin. (In persian)
  • Hashemi, Seyyed Mohammad (2001), Constitutional Law of the Islamic Republic of Iran,Dadgostar. (In persian)
  • Huq, Aziz (2001), Summary of Papers on Constitutional Courts and Judicial Review, New York University, Center on the International Cooperation.
  • Katouzian, Nasser (2000),Principle of Public Law,Dadgostar. (In persian)
  • Katouzian, Nasser (2009), Introduction to law,Enteshar company. (In persian)
  • Locher, Francois (2011), Constitutional Justice, translated by Seyyed Mojtaba Vaezi, Jangal. (In persian)
  • McCluskey, Robert J. (1976), The Supreme Court of the United States of America, translated by Asadullah Mobasheri, Amirkabir. (In persian)
  • Mehrpour, Hossein (2016), Brief Constitutional Law of the Islamic Republic of Iran,Dadgostar. (In persian)
  • Qazi,Seyed Abulfazl (2001), Constitutional law requirements,Mizan. (In persian)
  • Sadurski, Wojceiech (2002), Constitutional Justice, East and West: Democratic Legitimacy and constitutional Court in Post- Communist Europe in  Comparative Perspective, Springer Science and Business Media.
  • Shafii Sarostani, Ibrahim(2006), Legislation in the system of the Islamic Republic of Iran, Islamic Science and Culture Research Institute.(In persian)
  • Shakri, Hamid, Sheikh Mohed, Mahdi, Rahimi, Ruhollah, A comparative study of basic proceedings in the legal system of Iran and Germany, Political sociology research,No 12,2021. (In persian)
  • Sheikh al-Islami, Seyyed Mohsen, comparative constitutional law, Kooshamehr.(In persian)
  • Taghizadeh, Javad, Najabatkhah, Morteza, Fadaei, Rizvan, Preservation of Constitution by Judges of Courts with Emphasis on Article 170 of the Constitution,Legal studies Journal ,No 8,2016. (In persian)
  • Taghizadeh, Javad, Najabatkhah, Morteza, GHolizadeh,Adeleh, Question of Constitutional Review of Judges of Courts on the Ordinary Laws,A Quarterly Journal of Strategy, No 3,2016. (In persian)
  • The set of opinions of the interpretive and consultative Guardian Council (2002), Guardian Council Research Center.
  • Vaezi, Seyyed Mojtaba, Constitutional Law2 textbook, Master's Course, Shiraz Faculty of Law and Political Science,2016. (In persian)
  • Vaezi, Seyyed Mojtaba, Public Law Fundamentals textbook, Master's Course, Shiraz Faculty of Law and Political Science,2014. (In persian)
  • vaezi, M. the concept of administration and it's models. Journal of Comparative Law, (2020). 4(1), 301-328. doi: 10.22080/lps.2020.19232.1182  (In persian)
  • Waldron, Jeremy (2005) ,The Core of the Cases against Judicial Review, for UCL Presentation.

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