The structure of the Constitutional Council and the validity of its decisions with a look at the constitutional justice in Egypt, Iraq and Algeria

Document Type : Research Paper

Authors

1 PhD in public law / Allameh Tabataba'i University

2 Associate professor /Allameh Tabataba'i University

10.22034/law.2024.55777.3251

Abstract

Supervision on the being order of laws is basically a juridical-political practice, that its purpose of which is evaluation the degree of coherence of the laws with Constitution.Due to the importance of this issue, the legitimacy of mandatory supervision has been accepted in legal systems and it is one of the foundations of political systems. Basic judicial institution in Iran, Egypt, Iraq and Algeria, like many other countries, has been accepted by founding power. The structure of this institution in the mentioned countries has differences and similarities that the survey of the basic judicial institution in the countries of Egypt, Iraq and Algeria can help in better understanding and providing a suggested model in the topic of how to compose the Constitutional Council, especially since these countries are in the field of Islamic civilization and the majority are Muslims. Of course, this does not mean that these countries are the model of the authors in presenting the proposed model, but they are considered as a guide to better understand the structure of the Constitutional Council. On the other hand, the validity of the decisions of the Constitutional Council, according to the research conducted, compared to the investigated

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 26 June 2024

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