The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Globalization of fundamental rights with an approach to Iran's legal system

Document Type : Original Article

Authors
1 Public Law Department, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran
2 Assistant Professor, Department of Public Law, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran
3 Assistant Professor, Department of Law, Kerman Branch, Islamic Azad University, Kerman, Iran.
10.22034/mral.2024.2015277.1544
Abstract
The impact of international laws on the normative system of domestic laws of countries, especially in the field of public law, is one of the important interdisciplinary issues that has been the subject of debate and challenge today. In the domestic legal system, obstacles such as giving authenticity to cultural relativism and favoring a particular culture and legal system are an obstacle in this way, that is, the influence of international laws and regulations on domestic public law. In Iran's legal system, in the field of public law, many values of international law have been effective on approving and changing formal and substantive laws since many years. This issue has been examined in detail in this article. The main research question is what are the effects of the globalization of fundamental rights on Iran's legal system? The author's hypothesis is that the components of human rights have found a global form as norms or norms of international law, and if not the basic laws, then they have affected the internal system and especially the basic rights of the countries. The research method is descriptive and analytical. In general, it can be said that the domestic law systems have no choice but to submit to some of the global values and norms, and they have the right to accede and join a special treaty against another group.
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Volume 7, Issue 22
seventh year, 22th issue, ّSpring 2025
Spring 2025
Pages 321-349

  • Receive Date 29 November 2023
  • Revise Date 10 April 2025
  • Accept Date 10 January 2024