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Received: 2023/09/12; Revised: 2024/02/15; Accepted: 2024/03/04; Published online: 2024/03/26 How To Cite: Moradkhani, Fardin (2024). Desuetude principles in the constitution (identification of a concept), Comparative Study on Islamic and Western Law, 11(1), 161-185. doi.org/10.22091/CSIW.2024.9865.2455 Published by: University of Qom © The Author(s) Article type: Research The constitution as a key concept in the knowledge of law and constitutional law has many complexities and subtleties and many theories have been formed regarding it. This fundamental document is written to be the basis of the government's actions and to protect the people's rights, but sometimes it happens that its principle or principles are forgotten and even though they exist in the text of the constitution, they may remain unimplemented for decades. These principles are called unimplemented principles of the constitution or desuetude principle of the constitution in the theories of constitutional law. This article seeks to analyze this concept in the constitutional theory with a descriptive-analytical method. In this article, while defining this concept and the causes of its emergence, it has been defined the boundaries of this concept with other concepts such as abandoned and abrogate principles, deferral principles, atrophy principles. Also, one of the most important issues related to desuetude principles, i.e. informal amendment of the constitution, has been addressed. [ABSTRACT FROM AUTHOR] |
