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.
yousef molaei; Mortaza Hajipour
Abstract
The purpose of the constitutionalisation of private law is the influence of constitutional norms on private relations. Contrary to traditional views, the guaranteed rights of the constitution are not the only means of defending individuals against the state, but it is necessary to apply and interpret ...
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The purpose of the constitutionalisation of private law is the influence of constitutional norms on private relations. Contrary to traditional views, the guaranteed rights of the constitution are not the only means of defending individuals against the state, but it is necessary to apply and interpret all branches of the legal system in the light of it.
Therefore, private rights are also dominated by these rights and people need to set up their own private relationships in the shadow of it. This research intends to examine the theory of the constitutionalisation of private law and its possible acceptance in Iran's law through a descriptive and analytical method. It can briefly be said that the basic rights over the entire legal system, especially indirectly, are superior. Also, despite the lack of a constitutional court in Iran, and the lack of a welcome judicial approach to Constitutionalisation, it should be said that iran private law has the necessary capacities for Constitutionalisation.
