Exceptional conditions and exceptions to the rule of law (Case study of the approach of constitutional experts to emergency situations)

Document Type : Original Article

Authors

1 Associate Professor, Department of Public Law, Faculty of Law, Qom University

2 M.A.. in Law, Tabriz University, Tabriz, Iran

3 PhD Student, Public Law, Qom University, Qom, Iran

Abstract

The idea of the rule of law is a cornerstone of public law in the field of constitutional law and administrative law and has its application. This idea, in addition to its formal and substantive components, means the legitimacy of all decisions and powers of administrative and political officials. However, one of the exceptions to the rule of law is the exceptional circumstances in which, in certain critical situations, the application of the law is suspended and shaken and does not have the quality of implementation under normal circumstances. The main question in the present article is what are the views and perceptions of the exceptional conditions of the constitutional experts in the special period of suspension and emergency of 1979? The Basic Laws adopted the Ninth, Sixty-eighth, Seventy-eighth and Seventy-ninth Principles with the content of exceptional conditions. The authors have come to a descriptive-analytical conclusion that although there were wide-ranging readings with positions of restriction of human rights and freedoms in the Constituent Assembly, the final and majority attitude of constitutional experts is to accept exceptional conditions at different times with a reasonable approach. And he was disciplined.

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The Journal of Modern Research on Administrative Law
Volume 2, Issue 4 - Serial Number 4
Second year, fourth issue, autumn 2020
November 2020
Pages 39-56

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History

  • Receive Date: 12 August 2020
  • Revise Date: 16 November 2020
  • Accept Date: 26 September 2020

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