Comparative study of basic Judgement in Iran and Croatia

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law, Faculty of Humanities, Bu Ali Sina University.

2 Master's student of Public Law, Bu Ali Sina University.

Abstract

The constitution is the most superlative legal document in the political systems of the world. With respect to the great importance of the functions of the Constitution in each political system, the role of guardian or the basic judge has a particular importance. The mentioned institution appears so as to protect the constitution’s superiority and also plays role in other duties and functions including the supervison of election and disputing resolution between governmental organs. In this paper, we are going through comparative survey of the guardian council as the basic judge of the Islamic Republic of Iran and the constitutional court of the Republic Croatia as the constitutional guardian of this country. The method of this paper is descriptive-analytic. The main question in the paper is that what are the distinctions and commonalities of the basic judge between Iran and Croatia. The hypothesis is that the constitutional court of Croatia has a far greator, more coherent and desirable discretions than guardian council of Iran and the most important differences between them are the existing European Convention on Human Rights as a significant source for basic Judgement in Republic Croatia and the necessity of confirming president’s accusation in the case of committing a crime in that country, which are not predicted for guardian council of Iran. In this paper, while explaning political structure of the government of the Republic Croatian and introducing the constitutional court’s functions in that country, distinctions and resemblances between the constitutional court of Croatia and the guardian council of Iran as research findings are concidered.

Keywords

References

Altman, Andre (2006), A survy on the philosophy of the law, translated by Behrouz Gandaghi, Qom publishing: Iman Khomeini research institute.
Barent, Erick (2003), An introduction to constitutional law, translated by Abbas Ali Kadkhodaei, Tehran; Mizan.
Chevalier, Jacques (2008), Lawful state, translated by Hamidreza Malek Mohammadi, Tehran: Dadgostar.
Favero, Louis (2010), Constitutional court, translated by Ali Akbar Gorji, Tehran: Jangal.
Froman, Micheal (2003), Protecting liberty and equality in the procedure of the US federal supreme court, translated by Ali Akbar Gorji, Constitutional law journal, No2.
Ghamami, Seyed Mohammad Mehdi and the collegues (2016), Comparative constitutional review, study of bases, structures and jurisdictions, Guardian council researches institute.
Habibzade, Tavakkol (2014) Judicial review and US federal supreme court approaches through constitution interpretation in the social and political changes, Public law knowledge, third year, No 10, Winter.
Jalali, Mohammad and Ghasem Ali Sedaghat (2006), A survey on Democratic bases of constitutional review, Public Law Knowledge, fifth year, No 15.
Parvin, Kheirollah (2015), A survey on constitutional review thought in the world, comparative law study, chapter 6, No 1.
Raydy, Brayan (2013), Philisophy of law, translated Hasan Khosravi, Tehran: Majd.
Trupe. Micheal (2004), Excuse’s logic of constitutional guardian, translated by Abbas Ali Kadkhodaei and Mohammad reza Vije, Law journal, No 66, Winter.
Zarei, Mohammad Hossen (2015), Speeches in modern public law, Tehran: Khosravi.
Zarei, Mohammad Hosein and Ahmad Markaz Malmiri (2005), Judicial review bases concept through US legal system, law researches, No 42.
Zuller, Elizabeth (2011), Introductory to public law, translated by Morteza Vaezi, Tehran: Jagal.
Vaezi, Seyed Mojtaba (2011), Comparative study of the bases and structure of the patterns of the constitutional review, comparative law research.
Vije, Mohammad reza (2011), The bases and structures of the legal state, Tehran: Jangal.
 

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