نوع مقاله : مقاله پژوهشی
دانشیار گروه حقوق عمومی دانشکده حقوق و علوم سیاسی دانشگاه تهران
عنوان مقاله [English]
From the perspective of experts, custom as moral rules binding takes
place in source of law. However, clarify its position in constitutional law
needs to know history of custom presence in basic documents which govern
on human societies. Known dividing Constitutions into two main categories,
codified and customary, only will be clarified part of the extensive.
Because above division, as many experts believe, is a relatively division
and codified Constitutions, also have custom backgrounds in their
standards and structures. On the other hand, similar concepts like law
general principles have to distinguish from customary norms and basic
principles governing constitutions, because integration and separation of
these concepts from each other, creates many scientific works in legal
systems. In addition, mechanisms of formation each one of the two concepts
is deferent and custom standards rely on material and spiritual elements.
In between, development constitutional law customs move distinguish way.
Because this development extend in some legal systems is more than other
systems and different role of custom in formation of basic and fundamental
rules in several legal systems, extends to opinions of public law experts
about position of custom in constitutional law systems. Hence, to obtain
common understanding of custom role in constitutional law, so sure role of
custom in meaning of confirm of its interpreter and suffice to common
opinions of the experts.