Document Type : Research Paper
Authors
Ph.D. Student, Public Law, University of Tehran(College oF Farabi), Qom, Iran; Researcher of Mabna Research Center
Abstract
The Freedom of Assembly and Procession has been identified in human documents and legal systems, including the Iranian legal system. What position has the Islamic Republic of Iran accepted for the said freedom in its constitutional law?The findings of the present research indicate that: one. The Constitution of Iran in principle 27, based on religious teachings and in line with international and regional human rights documents, has recognized the said freedom with minimal restrictions; two. Finding the position of the absolute right in principle 27 among the system of rights accepted by the system of Iran is based on a holistic view of the constitution and determining its relationship with the provisions of other related principles. This ratio measurement shows the universality of the right to freedom of assembly for all citizens, on the one hand, and that it is not limited to the two restrictions mentioned in the said principle;Three. The analysis of internal legal documents and executive procedures shows the identification of contradictions with the theoretical field of fundamental rights of Iran; because the laws, contrary to the view of the constitution, have chosen a permit-based approach - with a stricter approach compared to other permit-based legal systems
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