Authors : Alireza Asadpour Tehrani and Masoud Raei Dahaghi
Abstract: Legal norms in the legal order of any state have a hierarchical structure which ends in the basic norm or the constitution. Explanation of this issue through legal effects and American judicial procedure can specify how judicial review is considered as practical manifestation of legal constitution in order of public law across United States. In this research, three problems are examined defining legal and political constitutionalism, distinction between constitutionalism as a legal theory and the “rule of law” as a political idea in the United States and referral to the theoretical and practical origins of American constitutional theory. Accepted norms arisen from the American Constitutionalism has led to the creation of rights as a basic norm for the people, through which people can have the initiative in dealing with the exercise of state power out of the limits of the constitution.
Alireza Asadpour Tehrani and Masoud Raei Dahaghi, 2016. Constitutionalism in Order of American Public Law. The Social Sciences, 11: 1093-1100.