[Home ] [Archive]    
:: Main :: About :: Current Issue :: Archive :: Search :: Submit :: Contact ::
:: Volume 5, Number 15 (12-2016) ::
Public Law 2016, 5(15): 123-143 Back to browse issues page
Examining the Foundations of the Democratic Validation of Constitutional Review
Abstract:   (823 Views)

Abstract

The legitimacy of the Constitutional review authority contributes to its validation and status. This matter most likely convinces all the public and private persons to respect its decisions and also affects its efficacy. Therefore, it is not only useful but also essential to prove the legitimacy of Constitutional review. Accordingly, the question is that although this entity isn’t directly elected, how it can have legitimacy? The assumption of this article is that in spite of such status, the democratic legitimacy can be also produced indirectly and determinant scientific solutions are presented to prove such legitimacy. Reforming the democracy, a historical viewpoint toward the emergence of the Constitutional review entity, the goals of the democracy, respect for minority rights and denial of the tyranny of the majority, and the impossibility to legitimize all the political institutions through direct democracy are as the most important elements which are emphasized in this article as the legitimating mechanisms of the Constitutional review entity. By the way, this article seeks to solve the doubt of incompatibility of democracy with Constitutional review.

Keywords: Direct and Indirect Democracy, Democratic Legitimacy, Incompatibility of Democracy and Constitutional Review, Constitutional Review, Constitutional Review Authority.
Full-Text [PDF 413 kb]   (319 Downloads)    
Type of Study: حقوق ایران | Subject: سایر موضوعات
Received: 2017/05/31 | Accepted: 2017/05/31 | Published: 2017/05/31
Add your comments about this article
Your username or email:

Write the security code in the box >



XML   Persian Abstract   Print


Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:

Examining the Foundations of the Democratic Validation of Constitutional Review. Public Law. 2016; 5 (15) :123-143
URL: http://mag.shora-rc.ir/article-1-471-en.html
Volume 5, Number 15 (12-2016) Back to browse issues page
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
Persian site map - English site map - Created in 0.161 seconds with 795 queries by yektaweb 3488