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Showing 2 results for Constitutional Justice
Mohammad Reza Vijeh*,
Volume 14, Issue 4 (3-2011)
Abstract
Nowadays, the Rule of Law has progressed from doctrinal stage into a dominated concept in Public Law. This concept is capable of becoming compatible with any legal system. At the same time, it is flexible and relative enough to be able to accept the legal and social values of different societies. This article has been written to reply to the doubts and questions about the nature and functions of the Rule of Law. To obviate the existing doubts concerning the Rule of Law, initially, the theoretical principles of this concept shall be recognized.
Furthermore, from different aspects, it is made of many parts. Some of these parts conduct the normative shape and cadre of the Rule of Law, which bring this issue to realization in two aspects: they either arrange its structure similar to the principles of Separation of Powers and jurisdictional independence or like the principle of Hierarchy of Norms arrange the normative cadre. Moreover, there are some other items such as Legal Security and Equality, which facilitate to bring into realization the ultimate Rule of Law, supporting the fundamental rights and liberties.
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Mojtaba Vaezi,
Volume 15, Issue 2 (9-2011)
Abstract
Constitutional justice, in its general sense, means the set of methods and legal institutions that control law and other regulations by the constitution. Based on the type of look at the relationship between statutory law-constitution, parliament-justice, and private interest-public interest, and also based on the type of definition of the philosophy and function of separation of powers, we can observe two principals models of constitutional justice: 1) The American model in which the control over law is posterior, objective, decentralized and res judicata is relative, and 2) The European model in which the control of law is priori, abstract, centralized, and res judicata is absolute. In this paper, while addressing the general principles of constitutional justice, we study special patterns of each of the above models, especially in the two most important countries (i.e. The United States of America and France).