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A Reflection on the Justifiable Bases and Sources of Restricting Rights in the Constitution of the Islamic Republic of Iran
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Javad Yahyazadeh *    |
| Phd Candidate in Public law, Faculty of law and Political Sciences, Allameh Ttbataba'i University, Tehran, Iran. |
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Abstract: (189 Views) |
The discourse of Rights has become increasingly important in modern legal systems. As such, limiting or Suspending these rights requires well-founded legal justification. However, coming together in a collective community has brought about the potential for conflicts to arise, both between individuals in terms of their respective Rights and between those Rights and the greater interest and order of society. The pivotal inquiry is to determine the bases and sources upon which a Right may be justifiably suspended. The present research analyzes the recognition of those justifiable bases and sources in the Constitution of the Islamic Republic of Iran. The main question of the present paper is what are the bases and sources justifying the limitation of Rights in the Constitution of the Islamic Republic of Iran? Based on a qualitative method in a fundamental study, the research investigated the concept of Rights in the Islamic approach. The finding suggests that the bases of Rights in the Islamic approach are different from other worldviews. Right is defined in the jurisprudential (Fiqhi) view as a separation between concepts such as Obligatory and conditional rulings, declarative and establishing decrees, and especially ontological and conventional Rights. Second, in the Constitution of the Islamic Republic of Iran, the limitations on individual Rights have three primary sources. The first two sources are "harm to others" and "harm to society." However, the most fundamental source of limitation is the "violation of divine limits." These sources were incorporated into the legal order and system based on the aforementioned criteria. Factors that are worthy and enlightening in understanding the underlying layers of the legal system that governs contemporary Iran.
- Yahyazadeh, J. (2024). A Reflection on the Justifiable bases and sources of Restricting Rights in the Constitution of the Islamic Republic of Iran, Journal of Legal Philosophy Studies, 2(1), 73-96. |
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| Keywords: Right, Justifiable Limitation, Bases, Resourses, The Constitution of the Islamic Republic of Iran |
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Full-Text [PDF 963 kb]
(110 Downloads)
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Type of Study: Research |
Received: 2024/03/28 | Accepted: 2024/05/29 | Published: 2024/06/5
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