A number of states have proposed initiatives or implemented laws that prohibit state courts from applying, considering, or interpreting foreign law, and in particular, Islamic law. The constitutionality of anti-Sharia legislation is in question. Its proponents claim that the Sharia ban protects state and federal constitutional rights, whereas its opponents claim that the ban infringes on the re...

personal security is a favorable state in which human being is secured that all his freedoms and rights are not violated, which will be increased and extended. since in some of international documents, this right is explicitly mentioned and in iranian constitutional law it is not expressly mentioned, it is necessary to study and analyze theories and examples for achieving the definition, which ...

the scope of power of governments is one of the main issues in political philosophy and constitutional law. this issue has become significant in islamic republic of iran as an absolute spiritual leadership has been contemplated in the iranian constitution. as the rule of law indicates that all governmental acts must be based on law, it may be assumed that dissolution of khobregan house (expert ...

Within constitutional law, children’s rights have suffered from severe neglect. The issue of parents’ constitutional rights to deny children medical treatment based on religious belief is one area in desperate need of attention. Although the Supreme Court’s 1990 decision in Employment Division v. Smith seemingly set forth a relatively clear rule regarding the availability of exemptions from gen...

This Note will analyze how and why political, social and international pressures affect the way predominately Muslim countries address the issue of religious veiling. Specifically, this piece will examine recent court cases in Tunisia, Turkey and Kosovo regarding the constitutionality of hijab bans in each respective state. Courts in Tunisia, Turkey and Kosovo have come to varied conclusions on...

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...