Constitutional Comparativism:How a Flawed Constitution Can Benefit From the U.S.Constitution  

作　　者：Sanaz Alasti Amir Fakhravar 

机构地区：[1]Lamar University,Beaumont,USA [2]National Iranian Congress&Constitutional Law,Tehran,Iran

出　　处：《International Relations and Diplomacy》2022年第3期108-123,共16页国际关系与外交（英文版）

摘　　要：This paper is concerned with examining the nature of constitutionalism in sharia law and United States.This research explores topics arising in the comparative study of constitutional systems and constitutional questions of ideological legal systems and United States.My concerns include defining what a constitution actually is and identifying its function within a political system.This paper investigates the development of Islamic judicial review in the contemporary Constitution of Iran,Iraq,and Afghanistan.The secularist view of constitutionalism assumes that the sharia lacks an appropriate framework to effectively derive constitutional principles that would limit government,guarantee human rights,and promote the rule of law.This article argues that democracy is a core value of the constitution.The framers of the new constitution in transitional countries should develop the structure of the government with separation of powers to serve as a protection for democracy.Individual rights such as freedoms of speech,petition,and assembly were established to ensure a healthy democratic process.This research argues how a constitution will be compatible with the principles of democracy and human rights as it was originated in the US Constitution.

关 键 词：CONSTITUTIONALISM Islamic law repugnancy clause SHARIA DEMOCRACY 

分 类 号：D81[政治法律—国际关系]