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Information Journal Paper

Title

Transparency of Law Principle and its Position in the European Court of Human Rights Procedure and Iranian Criminal Law

Pages

  193-220

Abstract

 Making transparent and unambiguous laws is one of the requirements of good governance and consequences of “ rule of law” . The necessity of making such laws as Transparency of law principle is one of the important elements of “ the quality of the law principle” . This is a post legality principle which is derived from European court of human rights Procedure which has practised for a considerable time and has assured rights of subjects of law against the legislator and lawmakers. In spite of recognizing Transparency of law principles in judgments of European court of human rights and its direct effects on restriction of liberties, has been neglected in Iran; Because The quality of law principle has not been recognize in Iranian law. ” The silence of the Constitution to guarantee such principle, has paved the way for making ambiguous criminal laws due to different substantial and procedural reasons. Lack of attention to requirements of law transparency especially in legislation process, has not only deprived Iranian citizens from legal guarantees against ambiguous legislation, but also it has practically helped legislators to determine and design strategies of jurisprudential sources referred to in principle 167 of the Constitution in order to make the ambiguity transparent; a solution which is against itself and finally leads to a new challenge to the current ambiguity.

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  • Cite

    APA: Copy

    MOAZENZADEGAN, HASSAN ALI, & RAHDARPOUR, HAMED. (2018). Transparency of Law Principle and its Position in the European Court of Human Rights Procedure and Iranian Criminal Law. JOURNAL OF JUDICIAL LAW VIEWS, -(81 ), 193-220. SID. https://sid.ir/paper/217807/en

    Vancouver: Copy

    MOAZENZADEGAN HASSAN ALI, RAHDARPOUR HAMED. Transparency of Law Principle and its Position in the European Court of Human Rights Procedure and Iranian Criminal Law. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2018;-(81 ):193-220. Available from: https://sid.ir/paper/217807/en

    IEEE: Copy

    HASSAN ALI MOAZENZADEGAN, and HAMED RAHDARPOUR, “Transparency of Law Principle and its Position in the European Court of Human Rights Procedure and Iranian Criminal Law,” JOURNAL OF JUDICIAL LAW VIEWS, vol. -, no. 81 , pp. 193–220, 2018, [Online]. Available: https://sid.ir/paper/217807/en

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