Volume 14, Issue 4 (2011)                   CLR 2011, 14(4): 164-192 | Back to browse issues page

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Vijeh* M R. A Comparative Study on the Bases and the Structure of the Rule of Law. CLR 2011; 14 (4) :164-192
URL: http://clr.modares.ac.ir/article-20-11793-en.html
Assistant Professor, Faculty of Law and Political Sciences, Allameh Tabatabaei University, Tehran, Iran
Abstract:   (7191 Views)
Nowadays, the Rule of Law has progressed from doctrinal stage into a dominated concept in Public Law. This concept is capable of becoming compatible with any legal system. At the same time, it is flexible and relative enough to be able to accept the legal and social values of different societies. This article has been written to reply to the doubts and questions about the nature and functions of the Rule of Law. To obviate the existing doubts concerning the Rule of Law, initially, the theoretical principles of this concept shall be recognized. Furthermore, from different aspects, it is made of many parts. Some of these parts conduct the normative shape and cadre of the Rule of Law, which bring this issue to realization in two aspects: they either arrange its structure similar to the principles of Separation of Powers and jurisdictional independence or like the principle of Hierarchy of Norms arrange the normative cadre. Moreover, there are some other items such as Legal Security and Equality, which facilitate to bring into realization the ultimate Rule of Law, supporting the fundamental rights and liberties. .
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Received: 2009/12/31 | Accepted: 2011/02/22 | Published: 2011/03/20

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