ضرورت تأسيس دادگاه قانون اساسي در ايران با نگاهي به نظام هاي حقوقي آلمان،تركيه و ژاپن

The Necessity of Establishing a Constitutional Court in Iran: A Comparative Study of the Legal Systems of Germany, Turkey, an‎d Japan

حقوق

This study aims to examine the necessity of establishing a Constitutional Court in Iran through a comparative analysis of the legal systems of Germany, Turkey, an‎d Japan. One of the most significant findings of this research is the identification of fundamental challenges within Iranʹs legal framework, including the absence of an independent institution dedicated to safeguarding the Constitution, resolving disputes related to its interpretation an‎d implementation, the lack of a mechanism to oversee the decisions of quasi-legislative bodies, an‎d the proliferation of such bodies. These challenges have undermined legal transparency, reduced coherence in constitutional oversight, an‎d eroded public trust in the country’s legal system. The research demonstrates that establishing a Constitutional Court in Iran could serve as an independent, specialized, an‎d effective institution to oversee the compliance of laws an‎d regulations with constitutional principles. The experiences of Germany, Turkey, an‎d Japan highlight that such institutions not only prevent institutional conflicts an‎d overlaps but also provide a robust framework for resolving legal disputes, ensuring fundamental rights, an‎d maintaining a balance of powers. A Constitutional Court could contribute significantly to reducing ambiguities an‎d conflicts within the legal system by interpreting constitutional principles an‎d providing comprehensive legal solutions, thereby preventing the enactment of contradictory laws. The findings of this study reveal that the current conditions in Iran, characterized by the multiplicity of quasi-legislative bodies an‎d the absence of independent oversight mechanisms for their decisions, have weakened effective constitutional supervision, diminished institutional transparency, an‎d caused poor coordination among legal entities. Therefore, the establishment of a Constitutional Court could address these deficiencies, making a substantial contribution to strengthening the rule of law an‎d social justice within Iran’s legal framework. Designing an institution tailored to Iranʹs cultural, legal, an‎d political context, while drawing on the successful experiences of other countries, is an essential step toward reforming the nationʹs oversight system.

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