Citation of Constitutional Principles of the Judgments of the Courts

Abstract

The citation of constitutional principles in judgments of the courts is one of the issues related to the evidence of the verdict. It is obvious to cite the principles of the constitution in the constitutional courts, but in ordinary courts, i.e. criminal, legal and administrative courts, not all the principles of the constitution can be cited, and only some of the principles can be invoked. The inviolability of a country's constitutional principles in court rulings depends on the type of system of compliance of the statutes of parliament with the constitution, the extent of the constitutional principles, the substantive and formal principles contained in the constitutions, and the training and morale of judges in invoking constitutional principles. Due to the different effects of these factors from one country to another, the amount of citation to the principles of the constitution in the courts of different countries is not the same and is different. In Iran, due to the non-acceptance of judicial supervision in accordance with ordinary laws and the Constitution, most cases of citation to the Constitution in court rulings are related to principles such as Articles 37 and 49 that the Constitution in order to constitutionalize rights and other reasons, accepts citable principles.

Keywords

• citation
• principles
• constitution
• courts
• documentary
• judgments