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 ...
Read More
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.
Javad Taghizadeh; Morteza Nejabatkhah; Vahid Bakoei ketrimi
Abstract
The Egyptian Constitution of 1971 addressed the issue of the necessity of protecting the Constitution and established the Supreme Constitutional Court for this task. This body is currently is protecting the Constitution of 2014, as stipulated in Article 192 of the Constitution and Article 25 of the Supreme ...
Read More
The Egyptian Constitution of 1971 addressed the issue of the necessity of protecting the Constitution and established the Supreme Constitutional Court for this task. This body is currently is protecting the Constitution of 2014, as stipulated in Article 192 of the Constitution and Article 25 of the Supreme Constitutional Court of Egypt, as the task of "monitoring the constitutionality of statutes and regulations". While the laws in the Egyptian legal system are diverse, the effectiveness of the constitutional review system requires the adoption of ordinances to expand the scope of the Supreme Constitutional Court. One of these ordinances is that all laws are subject to the constitutional review of the Court. Accordingly, ordinary laws, Supplementary Constitutional Laws, laws approved by the referendum, abolished laws, parliamentary internal regulations, international treaties, and decisions of the president are subject to the constitutional review of the Supreme Constitutional Court. This is a mark of the effective and genuine constitutional review system in Egypt. However, the Constitutional Amendment rule is out of the constitutional review scope of the Supreme Constitutional Court. In this article, the efficiency of the constitutional review of statutes in the law of Egypt has been investigated.