Volume 26, Issue 3 (2022)
CLR 2022, 26(3): 1-37 |
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Ghamami M, Shayegan E. an introduction to the general theory of procedural law; a comparative attitude towards methodology of conceptualizing a general theory". CLR 2022; 26 (3) :1-37
URL: http://clr.modares.ac.ir/article-20-52547-en.html
URL: http://clr.modares.ac.ir/article-20-52547-en.html
1- Professor at University of Tehran , mghamami@ut.ac.ir
2- graduated from Paris II
2- graduated from Paris II
Abstract: (1829 Views)
An introduction of general principles of procedural law; "a comparative attitude towards methodology of conceptualizing a general theory"
The procedural law has been recently developed and conceptualized as an autonomous branch of law beside other branches. Given this autonomy, the procedural law shifted the classical narrow perception of procedure as techniques and formalities of proceeding to a deep analytical argumentation elaborating the substantive principles to govern the proceeding and make distinction between mere formalities therefrom. The core theoretical concept here is how to find the basic principles susceptible to apply on all kind of procedures i.e. civil procedure, criminal procedure, administrative procedure, etc. The question immediately may arise after reading this article will be if there are a procedural law Jus Cogens.
The procedural law has been recently developed and conceptualized as an autonomous branch of law beside other branches. Given this autonomy, the procedural law shifted the classical narrow perception of procedure as techniques and formalities of proceeding to a deep analytical argumentation elaborating the substantive principles to govern the proceeding and make distinction between mere formalities therefrom. The core theoretical concept here is how to find the basic principles susceptible to apply on all kind of procedures i.e. civil procedure, criminal procedure, administrative procedure, etc. The question immediately may arise after reading this article will be if there are a procedural law Jus Cogens.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2021/05/15 | Accepted: 2023/02/13 | Published: 2023/04/25
Received: 2021/05/15 | Accepted: 2023/02/13 | Published: 2023/04/25
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