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...

shia’s political jurisprudence has experienced some ups and downs along historical developments. in this context، safavi age is an era that shia’s political jurisprudence has taken new approach and the shia’s public jurisprudence has become prosperious. because of special politic conditions of previous eras,،many subjects related to shia’s public jurisprudence hadn’t found opportunity for being...

This past year, Judge Richard Posner published a pair of essays endorsing the common law method of constitutional interpretation. “David Strauss is right,” he wrote, in a contribution to Slate’s annual Supreme Court Breakfast Table. “The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those ...

In 1983 Martin Shapiro worried that the “new jurisprudence of values” being promoted by the new generation of public law scholars in political science would “serve as a cover for slipping back into playing ‘little law professor’ for undergraduates.” Proponents of the “jurisprudence of values” in political science, who engaged in constitutional theorizing about individual rights and the structur...

normative constitution is the highest law system and the consistency of this system requires, following the rules below from the superior rules. from this view, preservation of the constitution as the fundamental law governing the legal system of each country needs to legal ways of controlling instruments. this process is followed from two distinct complementary routes of constitutionalization ...

In the fall of 2004, the Program in Jewish Law and Interdisciplinary Studies of Cardozo School of Law organized an international conference on the competing claims to authority of text, tradition, and reason in both law and religion. The conference was predicated on the view that legal and religious traditions share a common interpretive structure and face common dilemmas over how to integrate ...

political power is considered as one of the most fundamental public law vocabulary, as far as the separation of political power and public law seems impossible. meanwhile it seems that this concept as the fundamental concept of public law; varies in islamic and liberal thought and there is a serious conflict between them. analysis of this claim requires a proper understanding of the concept of ...