The Criteria and Principles for Preferring Security Over Rights and Freedoms; with a Study on the U. S. Supreme Court Precedent

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LOTFI HASAN; SOHRABLU ALI

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Paper Information

Journal: COMPARATIVE LAW REVIEW Year:2019 | Volume:9 | Issue:2 Page(s): 805-828

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Title

The Criteria and Principles for Preferring Security Over Rights and Freedoms; with a Study on the U. S. Supreme Court Precedent

Author(s)

LOTFI HASAN | SOHRABLU ALI | Issue Writer Certificate

Keywords

SecurityQ1

OrderQ2

Definite ThreatsQ1

Rights and FreedomsQ2

U.S.Supreme CourtQ2

Abstract

In administration of society, the confrontation between Security and Order with Rights and Freedoms is inevitable. This raises the question as to what could be the solution for these situations? It seems that the only option is to prefer Security and Order over the Rights and Freedoms, and to restrict those Rights and Freedoms in favour of striking a new and optimal balance between Security on the one hand and Rights and Freedoms on the other hand. However, it is obvious that without the determination of specific criteria and principles in this regard, it would not be possible to rule that which one should be preferred over the other. The topic of this article is to examine this issue in the U. S. Supreme Court's precedent. Our findings arrive at the “ real threat of violence” and then it is studied in light of notions “ Definite Threats” and “ necessity” . These are adopted as criteria for preferring Security and Order on Rights and Freedoms in U. S. Supreme Court precedent and governing of this principles: A) Rule of Law, B) Protecting a fair trial, C) Reasonableness of restrictions, D) Non-discrimination in the stage of decision-making and before preferring Security and Order on Rights and Freedoms and “ Judicial Review” after make a decision on preferring Security.

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APA: Copy

LOTFI, HASAN, & SOHRABLU, ALI. (2019). The Criteria and Principles for Preferring Security Over Rights and Freedoms; with a Study on the U. S. Supreme Court Precedent. COMPARATIVE LAW REVIEW, 9(2 ), 805-828. SID. https://sid.ir/paper/246384/en

Vancouver: Copy

LOTFI HASAN, SOHRABLU ALI. The Criteria and Principles for Preferring Security Over Rights and Freedoms; with a Study on the U. S. Supreme Court Precedent. COMPARATIVE LAW REVIEW[Internet]. 2019;9(2 ):805-828. Available from: https://sid.ir/paper/246384/en

IEEE: Copy

HASAN LOTFI, and ALI SOHRABLU, “The Criteria and Principles for Preferring Security Over Rights and Freedoms; with a Study on the U. S. Supreme Court Precedent,” COMPARATIVE LAW REVIEW, vol. 9, no. 2 , pp. 805–828, 2019, [Online]. Available: https://sid.ir/paper/246384/en

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