Showing 4 results for Fundamental Right
Volume 14, Issue 1 (9-2022)
Abstract
The purpose of this article is a historical study of the concept of fundamental rights and freedoms among constitutional thinkers. The article sought to provide a precise definition of rights, by the method of historical analysis, by more than 30 constitutional clerics and intellectuals; And try to offer an appropriate classification of each of their encounters with rights and freedoms. The conceptual and theoretical framework under consideration is how Kant and Rawls formed the modern subject; On the other hand, the existing categories of rights. Eventually, a ranges emerged in which believers believed that "freedom causes the spread of heresy and opposition to Islam"; "Political rights or the rights of the king and the humans"; "Economic and social rights to consolidate society"; "Personal and political rights" and "Fundamental rights and public freedoms as citizenship rights".
Mohammad Reza Vijeh*,
Volume 14, Issue 4 (3-2011)
Abstract
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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Ali Tahmasebi*,
Volume 16, Issue 3 (10-2012)
Abstract
The subjective right has various meanings, including constitutional right, which individuals have just for being human. In traditional legal texts, it is considered that these rights are applicable in state-itizen relation, and it is believed that in the unequal relations between the state and citizens, “constitutional rights” is a device to protect individuals against strong party and limit the state’s power so that people’s rights would not be violated. This classical function of constitutional rights is called “vertical effect”. Currently, there has been forming a new tendency in the legal literature of some countries such as Germany, England and Netherlands that is going to spread the domain of constitutional rights and applying it in private relations. This phenomena is mainly named “horizontal effect” of constitutional rights or constitutionalization of the private law. These rights may be directly invoked in adjudicating private disputes or enter the private law through interpreting it’s general clauses such as good morals, public order, good faith, etc. The advantage of the latter one is that the private law remains independent, and concerns in relation to its disappearance would be diluted.
* Corresponding Author’s E-mail: a.tahmasebi.7@gmail.com
Alireza Dabirnia,
Volume 20, Issue 3 (11-2016)
Abstract
Guarantee of the fundamental rights in a society requires democratical principles and structures. On the one hand, accepting the popular vote in multiple domains is considered to be as of fundamental rights that could protect the sovereignty of the people and promote representation system to a real and efficient structure. On the other hand, this right should not and can not be limited in the framework of formal structure or legal system. Sovereignty in the modern sense requires that, first, the capacity of reflection of the will of the people through multiple channels, and second, if a conflict happens between people and formal structures or legal system, it is necessary to resolve the conflict in favor of the people. In a democracy, the constitution should not be contrary to the will of the people in order in determining their common good and individual self-determination.
In a modern approach to governance, any form of political power should be adopted with the will of the people to be legitimate.
