نوع مقاله : مقاله های برگرفته از رساله و پایان نامه
عنوان مقاله English
نویسندگان English
Judicial review in the United States and the constitutional jurisprudential trialof the Guardian Council of the Islamic Republic of Iran have a considerable history, so this study examines the historical roots of these two issues in these two countries. The United States of America came into being in 1776 from a union of 13 British settlers. These British roots paved the way for the rule of law. This state-wide judicial review came to the minds of the founding fathers, especially Alexander Hamilton, but it was not included in the US Constitution. Sixteen years after the adoption of the constitution and with the vote of Marshall, judicial review became the constitutional right of the country. In Iran, the main trial was logically meaningless before the constitutional constitution. There was no trace of legislative oversight in the constitution, but this was created differently in the amendment. In this process, at the serious request of the legitimists, religious supervision entered the constitutional amendment in accordance with the principle of style, but until the victory of the revolution, this issue remained silent in practice. With the victory of the revolution, this issue was first included in the draft constitution with a combination of the West as a basic jurisprudential trial. After that, with major changes in the parliament to review the final draft, a completely different institution was included in the Constitution of the Islamic Republic of Iran. The formation of judicial review in the United States was slow, and in the Islamic Republic
کلیدواژهها English
