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Paper Information

Journal:   LAW & POLITICS RESEARCH JOURNAL   SUMMER 2010 , Volume 12 , Number 29; Page(s) 443 To 480.
 
Paper: 

THE CONSTITUTIONAL JURISDICTIONS AND PROPERTY GUARANTEE A COMPARATIVE REVIEW OF THE FUNCTION OF IRANIAN AND FRENCH CONSTITUTIONAL URISDICTIONS

 
 
Author(s):  VIDJEH MOHAMMADREZA*
 
* FACULTY OF LAW, ALLAME TABATABAEI UNIVERSITY
 
Abstract: 

Property right is one of the most remarkable fundamental rights. Based on its importance and the very special consideration that Shiiee jurisprudence makes to it, it is vital to analyze it in depth and compare it with the other legal systems. Unquestionably, in modern law, the first manifestation of guarantee and support of property right are found in constitutional law. At this juncture, the constitutional jurisdictions get the key role as the most important property guarantee. The Guardian Council’s permanent and powerful support of property and the new solutions of French Constitutional Council in order to guarantee this right are of the concerns which can be used to expand and guide the support towards it.
It must be noted that the property sense, in two legal systems, is not the same: it is considered as subjective right in French law and the decisions of Constitutional council, and in Shiite jurisprudence, according to Guardian Council, it is considered as legal situation.
However, it seems that both preserving references of constitutional jurisdictions follow a common approach to support property effectively. Undoubtedly, there are some problems and difficulties in this field. For example, in the field of property limitations, we hardly find ocular standards.
Accordingly, the basic question of this research: Is it enough to preserve references of constitutional jurisdictions’ support in favor of property? And, in case of incapability, which solutions can complete it? In order to provide an answer and a suitable analysis, it is unavoidable to analyze the theoretical principles of property in two legal systems as well as their constitutional jurisdictions and the range and the quality of preserving references of constitutional jurisdictions performance.

 
Keyword(s): PROPERTY, CONSTITUTION, GUARDIAN COUNCIL, CONSTITUTIONAL COUNCIL, ISLAMIC RULES
 
References: 
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