Document Type : Academicm and Research
Author
Member of the faculty of the Ministry of Science, Research and Technology
Abstract
Laws play a central and irreplaceable role in realizing the supreme goal of justice. In this regard, the constitutional courts have important functions and follow the main ideals and fundamental principles of the constitution in order to fulfill the constitutional supervision. Iran's Guardian Council and Germany's Supreme Constitutional Court, in the capacity of adapting normal laws to the constitution, sometimes even go beyond their superior norm, which is the constitution itself. Therefore, these institutions monitor the realization of justice by monitoring "Justly" as a quality characteristic of laws. This article tries to answer the main question with a descriptive-analytical method, what are the principles and methods of supervision of the Guardian Council of Iran and the Federal Constitutional Court of Germany on the fairness of the laws and what are the differences? The result of this research is that the Guardian Council and the Federal Constitutional Court of Germany have been searching for the realization of just law both in the form of basic supervision and in the form of monitoring the quality of laws. In addition to being rooted in some of the principles of the constitutions of the two countries, In this article, it is clear that the Guardian Council, in its limited monitoring of the fairness of the laws, has only considered the issue of economic justice, while the Federal Constitutional Court of Germany considers other aspects of social, economic, political, cultural, religious, and justice. .. has been intended.
Keywords
Main Subjects
)
Send comment about this article