Protecting Human Rights and Constitutional Law in Bicameral Systems
- Mohammadreza Baharestanfar
- Seyed Mohammad Hashemi
AbstractBackground and objective: The second legislative chamber has played different roles and functions since its formation in ancient Rome and Greece. The philosophy behind the presence of this chamber (either in Federal systems or unitary systems) was a matter of controversy between its proponents and critics. There are more than 78 countries with two legislative chambers in the world. Protecting constitutional law and human rights are two notable functions of the second chambers. Research method: This paper used the descriptive–analytical method. The methods used by some second chambers are discussed as an example. Results (findings): how a second chamber can be considered as the scout of constitutional law and protector of human rights with regard to their normative behavior depends on the structure of the constitutional law. The role of the second chamber in protecting constitutional law is manifested in several forms: coinciding the bills and laws with constitutional law, amending and revising the constitutional law, vetoing or suspending bill a general appointments. Second chambers have several solutions including establishing the human rights committee with various duties. Therefore, these two criteria seem to be useful in order to measure the extent of democracy. Conclusion: A powerful second chambers are needed to make decisions, have the authority to amend the laws, and to have effect on the politics to realize human rights and protection of Constitutional law. It can also act as a human rights watch with regard to the nature of the norms of human rights.
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