the capacity of citation of constitutional principles in courts decisions of iran and usa

Document Type : Original Article

Authors

1 Departmant of law . Islamic azad university . Zahedan . Iran

2 associate professor of public law ,law faculty , shahid beheshti university

3 Assistant Professor of Law, Guardian of the Faculty of Law and Political Science, Islamic Azad University,

10.30510/psi.2022.337187.3332

Abstract

Guiding and persuading the courts to pay more attention to the principles of the constitution in their proceedings and invoking these principles, provides the way for better implementation of the constitution. In the American criminal and civil courts, citation to the principles of the Constitution is common, while in Iran, citation to the principles of the Constitution in the criminal and civil courts is a rare and exceptional matter and is limited to a few principles, while more principles than The constitution has the power to cite the rulings of the courts. The citation of constitutional principles in the rulings of the Administrative Court of Justice is significant, despite the objections contained in the method of citation. citation to the principles of the constitution in US courts to invalidate ordinary laws is unconstitutional, and the Iranian legal system lacks such capacity, and in such circumstances citation to the principles of the constitution in Iran in two situations can be a source of effect. One where there is no provision of ordinary law and the second is that citing the constitution has a complementary and emphatic aspect along with citing ordinary law.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 2030-2048

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