خلاصة:
:In addition to the formal revision of the constitution by the institution established for this purpose, one should not overlook the role of custom in the transformation and evolution of political systems. The role that custom plays in this field is sometimes more significant than formal revisions to the constitution. To date, no article has been written in Iran regarding the role of custom in constitutional law, and the conditions for the formation of custom and the views of constitutional jurists regarding it have not been explored. This article attempts to provide a general depiction of this controversial concept among constitutional scholars.
ملخص الجهاز:
Custom in Constitutional Law Written by: Dr. Bijan Abbasi(*) Abstract: In addition to the formal revision of the constitution by the institution established for this purpose, one should not overlook the role of custom in the transformation and evolution of political systems.
Keywords: supplementary custom, interpretive custom, abrogating custom, revision Custom in Constitutional Law Introduction In addition to the formal revision of the constitution by the institution established for this purpose, one should not overlook the role of custom in the transformation and evolution of political systems.
Conditions for the Formation of Custom Constitutional custom is derived from the behavior and performance of rulers and is defined as the set of habits resulting from binding fundamental acts and practices, or it is introduced as an unwritten legal rule arising from repeated, uniform behaviors that public powers follow or to which they remain silent4.
During the period of the French Third Republic, part of the doctrine recognized custom as an informal method of revising the constitution and a rule agreed upon by public powers in their bilateral relations12.
For example, Leon Duguit, the first theorist of constitutional custom in France13, states that custom, just like statutory law or other sources of law, expresses the existence of rules that arise from "social action"14 arising from "social consciousness"15, which itself stems from the sense of social belonging and justice16; and if written law or the constitution lags behind developments, change and transformation can occur through custom17.
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