Document Type : Original Article
Highlights
Defects and misunderstanding of the system of issuing permission for holding assemblings in the administrative law of Iran
Abstract:
Generally , countries base their assemblings on two systems, "precautionary" and "preventive." In the precautionary system, governments restrict the holding of assemblings with conditions (such as prior announcement or prior permission). In the persecution system, the principle is freedom, and citizens can hold assemblings without restrictions. Government intervention begins when demonstrators do not comply with the legal limits set for the protection of public order and other social considerations (including non-harm to the rights of others). In the present study, an attempt has been made to investigate the system of issuing permits for holding assemblings in the administrative law of Iran in order to identify the Defects in front of it. The result indicates that in Iran, many Defects and misunderstanding in the issuance of permission for holding assemblings can be traced. Therefore, the system of prudence and governance must take steps to eliminate them. These measures include cited; The need to pass a comprehensive law on public order, to provide a transparent procedure for permission by the Constitutional Court and the Court of Administrative Justice, to determine specific places for holding assemblings, to develop political parties and associations, and to review and reform the composition of permissing members.
Keywords: assemblings, Defects, misunderstanding, system of issuing permission, administrative law.
Any society may face a crisis, these crises may be of a natural nature (such as earthquakes, floods, droughts, volcanoes, etc.) or of an unnatural nature (such as riots and disturbances). Any system of government that can respond appropriately in a crisis situation will not only avoid harm, but will also take a step towards its own evolution, and if it is unable to do so, it will be on the verge of collapse. Accordingly, governments must have the necessary authority to protect public order as much as they enjoy the freedom of association of citizens. What it is; The unconditional exercise of freedom of association by citizens raises the possibility of anarchy of unrestrained protection by the government. From this perspective, the licensing process (in terms of nature) can be analyzed from two aspects; One from the perspective of the citizens (subordinates) and the other from the perspective of the public officials (rulers) who are in charge of issuing the license.
Countries have different approaches to licensing rallies. Countries based on the theory of the rule of law and pioneers in respecting civil rights and freedoms consider "maintaining public order" as one of the main reasons for licensing public gatherings. In this regard, and due to the different conditions and criteria for granting permission to hold rallies in normal and emergency situations; Their strategy under normal circumstances (based on two systems of prosecution and prevention) is to impose some logical restrictions (such as the need for prior declaration or prior authorization), so that while maintaining public order, freedom of association is respected. Their strategy in emergencies is the absolute (temporary) superiority of public order over freedom of association. Therefore, the approach of these countries in this regard has been clarified to a large extent by the adoption of coherent laws called the Comprehensive Law of Public Order. However, Iran's administrative law in issuing permits for holding rallies lacks a clear procedure and approach, and there are shortcomings and distortions in it. Among the most important of these shortcomings can be; He pointed out the lack of a comprehensive law on public order, the lack of political parties and groups of non-governmental organizations, the disproportionate approach of the Iranian administrative judge, the contradictory approach of the constitutional judge, and the composition and governing nature of the licensing body. According to this, one of the reasons for the violent nature of peaceful gatherings is the complex, difficult and ambiguous processes in the licensing system of holding gatherings; It is appropriate that the system of prudence and governance be pioneered by adopting measures such as eliminating the existing shortcomings and distortions, especially 1- Approving the comprehensive law of public order. 2- Paying attention to the real role of the people in the licensing institution. 3- Reforming the approach of the Constitutional Judge and the Administrative Judge of Iran in this regard. 4- Reviewing, updating and facilitating the conditions for issuing permits for holding gatherings. 5- Determining places for holding gatherings; While preventing the accumulation of resentments and dissatisfaction, prevent the occurrence of emotional and explosive behaviors of people in some periods.
