مراجع تفسير قانون اساسي در ايران و آمريكا

Authorities of Interpretation of Constitution in Iran and the United States

Although not quite distinct from the general theory of the interpretation of law, interpretation of constitution has a dynamic and prominent quality due to its being equal to the text of constitution and its correlation with socio-political issues. These features have made different political systems consider different authorities for its interpretation. The reason behind this fact is that the position and structure of the interpretation authority of constitution originates from the political thought and background of every government, while the latter strongly influences the interpretive appoaches of the authority. These interpretive authorities may be categorized into judicial, legal, and doctrinal classes. Decisions or views of the first two classes are binding while the judicial and legal advisory opinions along with doctines are not binding. Although the supreme court of the United States is considered among the judicial authorities, the structure and the way of choosing its members have caused political tendencies to influence its decisions strongly. In contrast, the Guardians Council of the Islamic Republic of Iran is a constitutional authority with jurisprudential and legal trends.