International Law
Ali Reza Jalali; Mohammadhasan Maldar
Abstract
Protecting human dignity as an inherent and inviolable right is one of the most important obligations of the government even when a person is liable for his criminal behavior before the law. Adopting a descriptive-analytical method, the present study endeavors to answer the basic question that based ...
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Protecting human dignity as an inherent and inviolable right is one of the most important obligations of the government even when a person is liable for his criminal behavior before the law. Adopting a descriptive-analytical method, the present study endeavors to answer the basic question that based on the procedure of the European Court of Human Rights, as an innovative and developed international judicial body, what elements should the courts consider when issuing a judgment in order to impose a punishment protecting the human dignity? After reviewing some judgments of the Court, the research concluded that by observing some formal and substantive principles such as justification of conviction, charge bargaining, ne bis in idem principle, citation of high quality laws, proportionality of offence and punishment and non-recourse to severely painful punishments, the human dignity of offenders is safeguarded. Accordingly, in case of non-observance of the mentioned principles, the legal systems would be exposed to serious human rights challenges, because states' lack of attention to the human dignity of criminals, would make the repressive nature of states to prevail over the fundamental rights of citizens.
Ali Reza Jalali; Mohammad Abouata
Abstract
The spread of Coronavirus in Italy has created the conditions for the government to declare the State of emergency. It has given the opportunity to manage the crisis, but has also limited people's fundamental rights. In this research, through the deductive-descriptive method, we will try to answer this ...
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The spread of Coronavirus in Italy has created the conditions for the government to declare the State of emergency. It has given the opportunity to manage the crisis, but has also limited people's fundamental rights. In this research, through the deductive-descriptive method, we will try to answer this main question: the actions of the Italian government to counter Coronavirus until what point are compatible with the fundamental rights present in the Constitution? After describing the concept of State of emergency, the government's decisions and the challenges about restriction of fundamental rights, we conclude that the government's actions have had a very negative impact on fundamental rights and freedoms. Not only these emergency decisions have had a very negative impact on people's rights in a democratic system, but the lack of parliamentary oversight about the actions of the Executive makes it reasonable to take a critical look at the actions of the Italian government.
Ali Reza Jalali; Seyed Mahmood Majidi
Abstract
One of the aspects of the synthesis between religious freedom and freedom of teaching is the correct description of the legal system of religious education in schools. The aim of the research is the explanation of this system in the Council of Europe member States, especially in consideration of respect ...
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One of the aspects of the synthesis between religious freedom and freedom of teaching is the correct description of the legal system of religious education in schools. The aim of the research is the explanation of this system in the Council of Europe member States, especially in consideration of respect for the teachings of minorities, focusing on the situation of Turkish Alevis. These descriptions will help us to answer the following question i.e. what are the parameters of the European Court of Human Rights in outlining a legal system of religious education that requires States to respect the faith of minorities and whythe Turkish government does notrecognize Alevis as an independent minority. The result of our research is that from the point of view of European Court, a State can teach a particular religion in its education system, but these teachings must not affect the rights of Alevis. Ankara wants to strengthen its national and religious unity; hence it does not recognize Alevis as an autonomous community. All this is in contrast with the jurisprudence of the European Court and against Turkish secular system.
Ali Reza Jalali; Mohammad Abouata
Abstract
One of the legal tools used by the Court of Justice of the European Union in its jurisdictional system is the preliminary ruling on the basis of Article 267 of the Treaty on the Functioning of the European Union. According to this rule, the national courts can ask the Court to respond about the interpretation ...
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One of the legal tools used by the Court of Justice of the European Union in its jurisdictional system is the preliminary ruling on the basis of Article 267 of the Treaty on the Functioning of the European Union. According to this rule, the national courts can ask the Court to respond about the interpretation and correct way of applying a European law in a european country, with the aim of removing doubts and perplexities. This process ends with the enactment of a preliminary ruling by the Court. If the request for a preliminary ruling by the lower national courts is a consolidated fact, on the other hand the same can not be said for the requests of the Constitutional Courts, which have not reached a common view on the subject. In this article, in addition to the description of the cases of references for preliminary rulings of the Constitutional Courts of countries such as Italy, France, Spain and Germany before the Court of Justice of the European Union, we will try to understand the events concerning these referrals and mutual approaches held by the courts with particular attention to the approach of national Constitutional Courts.
