Volume 28, Issue 4 (2025)
CLR 2025, 28(4): 131-160 |
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Khalilvandi E, Vijeh M. The Social Rule of Law. CLR 2025; 28 (4) :131-160
URL: http://clr.modares.ac.ir/article-20-75031-en.html
URL: http://clr.modares.ac.ir/article-20-75031-en.html
1- Ph.D. Student in Public Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran , erfankhalilvandi@gmail.com
2- Associate Professor in Public Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran
2- Associate Professor in Public Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran
Abstract: (86 Views)
The Social Rule of Law is a type of the rule of law, originating from the tradition of social democracy. The research aims to examine the evolution of the rule of law into a socially-oriented model, focusing on its principles, goals, and structure. Key research questions address the essence, goals, and functions of the Social Rule of Law. The research uses a descriptive method and the data collection tool is library. Hermann Heller, as the founder of the concept, argues that democratic-based approach allows for the harmonization of the rule of law with social orientation, showing similarities between the Social Rule of Law and the Liberal Rule of Law. The findings of the research show that the Social Rule of Law reconfigures the private sphere in order to safeguard the social rights of citizens, eliminating social oppression within civil society. Its primary functions include monitoring private relationships between citizens and ensuring social security through the involvement and control of the government. The critical requirements for this system include expanding the executive, strengthening social legislation, ensuring substantive equality, and increasing the powers of the judiciary and parliament to deal with social rights.
Keywords: Rule of Law, Social Rule of Law, Welfare State, Hermann Heller, Social Democracy, Social Rights, German Law
Article Type: Original Research |
Subject:
Comparative Law
Received: 2024/05/9 | Accepted: 2025/01/14 | Published: 2025/03/4
Received: 2024/05/9 | Accepted: 2025/01/14 | Published: 2025/03/4
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