Part I of this article briefly describes customary law and explores the effect of colonialism on legal pluralism and the region’s early post-colonial constitutions. Part II describes the structure and content of constitutional clauses that exclude personal law and customary law from constitutional non-discrimination protection. Part III briefly examines international and regional human rights l...

In March 2004, the National Assembly of South Korea impeached President Roh Moo-hyun and brought about an immediate suspension of Roh's presidency. Two months later, the Constitutional Court of Korea restored the status quo by dismissing the impeachment and reinstating the President. This episode marks the first time in the history of modern constitutionalism that a president impeached by a leg...

to enforce general policies of article 44, ''law of enforcing general policies of article 44 of the constitution'' was recently approved by islamic consultative assembly. the main objective of the present paper is analysis and study of aspects of criminal policy inserted in the law through identification of criminal behaviors and predicted responses. with respect to criminal phenomenon, study t...

the idea of supervising  the conformity of statutory law with constitutional law, is due to necessities rooted in two essential principles: the supremacy of constitution and the hierarchy of the law. constitution as the supreme law in the sense of status and legal value , is placed at the top of the legal pyramid of every political system and therefore requires a special organization and discip...

cooperation in iran has a long precedent but for the first time after the islamic revolution became a foundation in iranian constitutional law and was defined as a protect ional approach. as a point of view in codification of iranian constitutional act (1979) the cooperation recognized on its bases and values that has based in the world. so it is in compliance with islamic standards. it is a wa...

This article examines the extent and nature of the use offoreign law in constitutional adjudication in common law systems outside the United States, with special reference to Australia. Demonstrating that the courts of other common law jurisdictions use foreign case law readily, naturally, and for a variety ofpurposes, the article reaches two broad conclusions: (1) as a generalization, other co...

throughout the history of the islamic iran the judicial system has always been based on common law and canon law (sharī‘a). upon the formalization of shī‘ism as the official school (nadhhab) in the safavid era, the shī‘a jurisprudence was set as the basis for legal judgments; and for the execution of judicial affairs the ruler appointed officers such as ṣadr, shaykh al-islām, and other judicial...

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...