Desuetude principles in the constitution (identification of a concept)

Document Type : Academicm and Research

Author

Associate Professor in public law, Department of law, Faculty of humanities, Bu-Ali Sina University, Hamadan, Iran.

10.22091/csiw.2024.9865.2455

Abstract

The constitution as a key concept in the knowledge of law and constitutional one has most complexities and precisions. Therefore, many of theories have been conformed regarding that. This fundamental Research has been written to be the basis of the State 's proceedings in order to protect the people's rights; however, sometimes it might happen that one or more principles are obsolete, though they exist in the text of the constitution, they might be remained unimplemented for decades. These principles are called Obsolete principles of the constitution or abandoned in the theories of constitutional law. This article seeks to vividly analyze the aforementioned concept in the theory of fundamental rights with a descriptive-analytical method. In the present article, while defining the concept and the causes of its emergence, it has been defined the boundaries of it with other concepts such as outdated principles, deferred principles, thin conceptions of principles. Also, one of the most important issues related to the abandoned/obsolete principles, i.e. the informal amendment of the constitution, has been addressed.

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References

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