The Position of Commitment to Precedent in the Models of Supervision on Constitution among the World and Iran

Document Type : Original Article

Authors

1 MA. Student in Public Law, Faculty of Law, Campus of Farabi, University of Tehran, Qom, Iran

2 P.H.D. student of the law and political sciences faculty of University of Tehran, Tehran, Iran

3 Member of the academic staff of the Guardian Council Research Institute, Tehran, Iran

Abstract

The relation of the constitutional review institution as an institution that guards and guarantees the implementation and application of the constitution in a democratic system (in a nation-based system as a precise meaning) with its previous procedure and precedent is one of the issues that has different forms and implications depending on the requirements of different legal models. Although different models of constitutional reviews can be considered based on various criteria, but in general, two models of written law and common law are divided into the formulation of the relationship of the constitutional review institutions with their previous procedures and precedents. Based on this, the current research is trying to use the descriptive-analytical method, while examining the mentioned issue in relation to different countries under the two models of written and common law and according to the model of the constitutional review institution in the system of the Islamic Republic of Iran, in addition to applying the preferences and advantages of the constitutional review model. The Islamic Republic of Iran should take into account the achievements and experiences of different countries in order to improve the quality of the performance of its own model of constitutional council.

Keywords

References

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Public Law Knowledge Quarterly
Volume 12, Issue 4 - Serial Number 42
December 2024
Pages 91-122

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History

  • Receive Date: 29 September 2022
  • Revise Date: 23 October 2022
  • Accept Date: 03 December 2022

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