An Introduction to the Concept of Constitutional Design

Document Type : Original Article

Author

Associate professor of public law, faculty of humanities, University of Bu Ali Sina, Hamedan.Iran

Abstract

The constitution is one of the key and complex concepts in the knowledge of law and constitutional law and there are many issues and topics related to it. In this article, an attempt has been made to use descriptive and analytical methods, while referring to the history and meaning of this concept, to examine the question of what principles and cases should be observed and included in the design of the constitution and what issues does the constitution design face. The Constitutional Design cannot be the last word in the constitution and political structures because many problems are identified in practice and during implementation. However, the correct design based on accepted criteria causes the constitution to distance itself to a large extent from problems such as its violation, conflict of principles with each other, weakness of political institutions and impracticability. The main finding of this article is the importance of constitutional design and the need to pay attention to it, which should be considered in the initial writing of the constitution or its amendment in order to avoid problems in the future. It should also be noted that the design of the constitution can not be the last word in the constitution and political structures because many problems arise in practice and during implementation.

Keywords

References

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Public Law Knowledge Quarterly
Volume 11, Issue 37 - Serial Number 37
October 2022
Pages 130-162

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History

  • Receive Date: 07 June 2021
  • Revise Date: 07 September 2021
  • Accept Date: 31 January 2022

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