Protection of the Constitution in Iran and Germany Special attention to sociological principles

Document Type : Original Article

Authors

1 PhD Student in Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran

2 Department of Public Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.

Abstract

Basically, the Constitutional Court has the duty to protect the constitution in various ways, and sometimes it does so through administrative courts. Administrative courts play different roles in securing basic proceedings in the constitutional systems of different countries. Of course, in some constitutional systems, such as the Iranian legal system, administrative courts do not play a major role in guaranteeing a basic trial, and it is mainly quasi-constitutional institutions such as the Guardian Council that perform this task. This descriptive-analytical study seeks to answer the question of what role sociological principles can play by administrative courts in guaranteeing a basic trial in the Iranian and German legal systems? The result of the present study is that in the German Constitution, the role of the Constitutional Court is to protect fundamental rights (Article 18 of the German Constitution); 2- Deciding on the illegality of political parties (paragraph 2 of Article 21 of the German Constitution); 3- Regarding the exclusion of political parties from receiving government financial aid (paragraph 3 of Article 21 of the German Constitution); 4. Complaints about Bundestag decisions regarding the validity of elections or the benefits or harms of losing a seat in the Bundestag.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 3110-3122

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