TY - JOUR T1 - Constitutionalism in Order of American Public Law AU - Dahaghi, Masoud Raei AU - Tehrani, Alireza Asadpour JO - The Social Sciences VL - 11 IS - 6 SP - 1093 EP - 1100 PY - 2016 DA - 2001/08/19 SN - 1818-5800 DO - sscience.2016.1093.1100 UR - https://makhillpublications.co/view-article.php?doi=sscience.2016.1093.1100 KW - the rule of law KW -Constitutionalism KW -hierarchy of norms KW -judicial review KW -the Supreme Court of the AB - 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. ER -