Public Law
Fardin Moradkhani
Abstract
The constitution is one of the most important concepts in the law. Scholars have made several interpretations of this concept. One of these interpretations is the legal understanding of the constitution, according to which it is the text that is the highest document in the legal system and is protected ...
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The constitution is one of the most important concepts in the law. Scholars have made several interpretations of this concept. One of these interpretations is the legal understanding of the constitution, according to which it is the text that is the highest document in the legal system and is protected by political or legal judges. The political constitution opposes this view, sees the constitution as a battleground for political actors, and intends to remove it from the monopoly of judges and lawyer And in addition to the text, pay attention to the existing reality and the political atmosphere.we using descriptive and analytical methods, we seek to answer the question of what the political constitution means and what changes have taken place since its formation until today. This concept was first presented by John Griffiths. Although the general outlines of this concept were defined by him, the generations after Griffith made changes in this concept with the criticisms that were made on this concept. The political constitution helps to go beyond the text of the constitution, to pay more attention to the reality of the political world, and to allow all actors in the political arena to be present.
Fardin Moradkhani
Abstract
Constitutional review is one of the important concepts of constitutional law that, although begun in the nineteenth century and in the United States, grew worldwide in the twentieth century. Initially European countries and gradually other countries around the world also adopted this system.but According ...
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Constitutional review is one of the important concepts of constitutional law that, although begun in the nineteenth century and in the United States, grew worldwide in the twentieth century. Initially European countries and gradually other countries around the world also adopted this system.but According to their political system and history; countries have provided many models for it. This theory was founded in the twentieth century by Hans Kelsen in Austria and Germany, and the European tradition first stood against it. The most important criticism of Kelsen was provided by the great German lawyer Carl Schmitt. He believed that this system was contrary to the principle of democracy and did not correspond to the space and history of European countries. If the constitution is to be guarded, the president himself will suffice as a symbol of all people. This article attempts to examine Schmitt's most important critics to constitutional review and his foundations and solutions by looking at Germany at that time. Schmidt's critiques to date have been one of the most important critiques of constitutional review and have been revisited in many ways in many countries.
