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:: Volume 6, Issue 18 (3-2018) ::
Public Law 2018, 6(18): 91-110 Back to browse issues page
Accreditation of the Constitutional Customs and Precedents
Naser Soltani Seyed
Assistant professorr College of Farabi, University of Tehran
Abstract:   (1736 Views)
Sayyed Naser Sloltani *
 
Assistant Professor, Tehran university - Farabi campus

Abstract

Perusing the text of the Constitution is not sufficient for understanding the performance of the political system. One of the cases the Constitution and other regulations haven’t broached anything on it is the present precedent for nominating the Minister of Intelligence. The current precedents aren’t based on the text of the Constitution. The purpose of this study is to question the discrepancy between the body of the written Constitution and the real performance of the legal institutions. Such an approach is indeed an answer to those who consider the Constitution as indicated in its body which restrict the Constitutional law issue subject to the text of the Constitution and the decisions and comments of the Guardian Council. This approach inadequately and incompletely delineates the Constitution. The Constitutional institutions broadly or narrowly interpret their jurisdiction with respect to the balance of the political powers. This article aims to point out these issues in the studies of Iran Constitutional law. We’ll attempt in one hand to indicate whether the Constitutional law theory of Iran would provide a basis for acceptance of such rules and in the other hand to present the sovereign criteria on these rules.
 
 
*E-mail: Naser.soltani@ut.ac.ir
Keywords: Ethics and Morality of Constitutional Enforcement, Unwritten Principles of the Constitution, Precedents of Constitutional Enforcement, Constitutional Convention, Written Constitution.
Full-Text [PDF 559 kb]   (229 Downloads)    
Type of Study: حقوق ایران | Subject: حقوق اساسی
Received: 2017/07/25 | Accepted: 2018/03/25 | Published: 2018/05/16
ص. 91-110
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Soltani N. Accreditation of the Constitutional Customs and Precedents. Public Law. 2018; 6 (18) :91-110
URL: http://mag.shora-rc.ir/article-1-495-en.html


Volume 6, Issue 18 (3-2018) Back to browse issues page
فصلنامه دانش حقوق عمومی Quarterly Journal of Public Law Knowledge
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