Document Type : Original Article

Author

• Ali Jabbari Asa

Masters student in Faculty of Islamic Studies and Law, LLM in Public Law, Imam Sadegh University, Tehran, Iran.

Abstract

 
One of the most prominent events in the field of constitutional law is the development of the constitutional review, the basic purpose of which is to protect the principles of the Constitution and to prevent any violation of it by the three powers. The Constitutional review, as the guardian of the fundamental principles agreed upon by a nation and its constitution, is today recognized in most of the world's legal systems. Despite the fact that the principles of the Constitution of the Islamic Republic of Iran are mediated by a set of competent institutions; Including the Guardian Council of the Constitution, guaranteed and protected; However, there appear to be shortcomings in the functioning of a set of constitutional oversight mechanisms; Defects, some of which are in the normative supervision layer and some in the executive supervision layer. Now the main question is "Given the shortcomings of the current set of mechanisms of Constitutional review in Iran, which of the existing solutions, which model is desirable and can be implemented?" Using a descriptive-analytical method, this article enumerates the shortcomings of the current set of judicial review mechanisms in Iran and enumerates the existing solutions; Considers completing post-monitoring to be a desirable model.
 

Keywords

• Court of Administrative Justice
• Constitutional review
• Constitutional Court
• Guardian Council
• Constitutional Supervision