نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش اموخته دکتری حقوق عمومی، دانشکده حقوق، الهیات و علوم سیاسی، واحد علوم و تحقیقات دانشگاه آزاد اسلامی، تهران، ایران
2 استاد دانشگاه شهید بهشتی
3 استادیار دانشگاه شهید بهشتی نایب رئیس هیات مدیره انجمن حقوق شناسی
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Modernity was formed and evolved on the specific context of political and intellectual developments of the late Middle Ages and the Renaissance and beyond, and all manifestations. It affected the individual and collective life of man and led to the emergence of modern law, of which the principles of fair trial are a product. Hence, the main question of this article is about the relationship between having the author elements of modernity and aspects of the legal system. For this purpose, it is necessary to first identify the objective and epistemological / value elements of the phenomenon of modernity as well as the four legal aspects, namely the "purpose" and "source" of law, the legal "method" and the "reference" of legislation. Iran and the United Kingdom and the relationship between these elements and their legal systems were studied using a comparative method and qualitative analysis.
The findings of the study indicate the fact that the United Kingdom, due to the presence of most elements of new life (modernity), has a modern legal system and as a result; In the realm of principles and guarantees, the procedural rights of the accused employee are more developed, and the exercise of these rights is documented in human rights documents. In contrast, Iran lacks all the elements of modern law due to its maximum elements of modern life, and therefore, at present, it does not have the principles and guarantees of a complete and developed procedure in accordance with human rights documents.
کلیدواژه‌ها [English]
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