Fundamentals of subject law (comparative comparison of American and European models)

Document Type : Original Article

Authors

1 PhD Student in Public Law, Faculty of Law, University of Tehran, Tehran, Iran.

2 Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Abstract

In this article, we make a comparative comparison of the methods of the constitutionalisation of the statute in the American and European legal systems. We discuss the concept of normative hierarchy and stricto sensus (material and axiological hierarchy) is considered. The constitutionalisation of statute in most countries have many similarities due to their adoption. Hence, four new models can be achieved: The U.S.A. is a clear model, which is known as decentralized and is depended on the judiciary. Its procedure is also based on judicial procedures and hearing are conducted at the request of citizens and litigaants. This phenomenon is a mechanism that carries out the conformity of the statute with the constitutionl criteria throught the courts and the Supreme Court of the States. In the European model, known as centralized, the constituyionalisation institution is not dependent on any of the three powers. Although Its procedure is based on judicial procedures but hearing is avhieved by some government authorities. In the Mixed American-European patern, algthough the constituyionalisation institution is not dependent on the three powers, but its procedure is achieved based on judicial procedures and hearing is achied at the request of litigants. In Swiss, courts follow the mixed model and if someone is harmed for violating the cantonal constitution, they can file a lawswit in federal court. In Britain, if a statute violates the constitution, it may not leave to the courts and this is parliament that achieves the constitutionalisation. In French, the constitutionalisation, is achied by

Keywords

Political Sociology of Iran
Volume 5, Issue 7
September 2022
Pages 630-646

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