“People” is the common conception for all different definitions of democracy, whereas “will ofthe majority” is the common reservation point. Within a constitutional state, delimitation of the majority’sgovement through law, results from the principle of “superiority of law”, yet all instruments that willensure this objective are the elements of rule of law. The most prominent instrument is “judiciary”. At thepresent time, keeping the acts and operations of political power within the limits of law is the duty ofjudiciary. Constitutional state is described as a legitimate and fully democratic country due to power andefficiency of its judiciary.Key concept for delimitation of state through law is “constitutionalism”. In this context, wewould like to explain the difference between the concept of constitution, the fact of constitutionalisation,and the constitutionalist movement.Constitution is a major document, which regulates the structure and powers of stateand the rights and duties of citizens; and gives them a shape; whereas, constitutionalisation ismanaging the state through a constitution, which bases on universal legal principles. The objective ofconstitutionalisation is, first PEYMAN LAW...
ما را در سایت PEYMAN LAW دنبال میکنید
برچسب:
نویسنده:
بازدید: 181
تاريخ: چهارشنبه
20 دی
1396 ساعت: 22:40