Public Law
Fardin Moradkhani
Abstract
Constitutional law is one of the most important fields of legal knowledge and its close connection with political science has led thinkers in the other fields of humanities to discuss the concepts and principles of this knowledge. Max Weber, one of the most important thinkers of recent centuries, has ...
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Constitutional law is one of the most important fields of legal knowledge and its close connection with political science has led thinkers in the other fields of humanities to discuss the concepts and principles of this knowledge. Max Weber, one of the most important thinkers of recent centuries, has carefully reflected upon the knowledge of law, especially Constitutional law. He lived in a turbulent time and witnessed the rise of Germany as well as its decline. In the midst of World War I, Weber addressed Constitutional law issues and provided analyses in this regard and later played a vital role in drafting the Weimar Constitution. He was a supporter of the presidentialism and the extraordinary powers of the president, which were enshrined in the Weimar Constitution and later created many problems. This article aims to examine Weber's theory of Constitutional law and to explain his outlook and interpretation towards issues such as the president, parliament, and democracy
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.