Degradation of the principle of legality In the light of the principle Emphasizing flexibility and regulation of the legal element

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SAFFARY ALI; LAKI ZEYNAB; SABERI RAZIEH

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2021 | Volume:85 | Issue:115 Page(s): 157-187

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Title

Degradation of the principle of legality In the light of the principle Emphasizing flexibility and regulation of the legal element

Author(s)

SAFFARY ALI | LAKI ZEYNAB | SABERI RAZIEH | Issue Writer Certificate

Keywords

regulation of the legal elementQ1

Open Context LawQ1

Legal SwampQ1

Administrative Definition of CrimeQ1

Fair WarningQ1

Abstract

The certainty and clarity of the criminal law is one of the requirements of the principle of legality and requires the definition of the crime with maximum clarity and accuracy by the legislature. However, the open texture criminalization and the widespread and criminal-administrative of the actus reus implies a shift away from adhering to the requirements of the principle of legality. Relying on a descriptive-analytical method, the present study seeks to answer the questions that what are the contexts of degradation of the principle of legality and the tendency of legislators to legislative ambiguity and the sharing of law and administrative-executive approvals in explaining the components of crime? Findings show that today, Influenced by the ideas of the negation of absolutism such as postmodernism and pragmatism, criminal law moves toward relativism, flexibility, and socialization. . Also, new developments such as the expansion of the realm of criminal law in the light of the emergence of crimes outside the core of criminal law, such as preventive and technical crimes, with features like uncertainty and specialization and technicality, It has paved the way for the swamping and the regulation of criminal law. A change that is increasingly leading to Legislative parallelism and violations of the transparency and certainty of the law, as well as a Fair Warning to citizens. Finally, in order to strike a balance between the dynamics of criminal law and the rule of law, observance of criteria such as the definition of terms (legislative terminology) in the text of the law in order to determine the policy of administrative officials and Also, determining the validity period of delegating the authority to define crime to administrative-executive texts can be effective in reducing the challenges of flexibility and becoming a legal pillar. regulation of the legal element. .

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APA: Copy

SAFFARY, ALI, LAKI, ZEYNAB, & SABERI, RAZIEH. (2021). Degradation of the principle of legality In the light of the principle Emphasizing flexibility and regulation of the legal element. THE JUDICIARY’S LAW JOURNAL, 85(115 ), 157-187. SID. https://sid.ir/paper/411384/en

Vancouver: Copy

SAFFARY ALI, LAKI ZEYNAB, SABERI RAZIEH. Degradation of the principle of legality In the light of the principle Emphasizing flexibility and regulation of the legal element. THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;85(115 ):157-187. Available from: https://sid.ir/paper/411384/en

IEEE: Copy

ALI SAFFARY, ZEYNAB LAKI, and RAZIEH SABERI, “Degradation of the principle of legality In the light of the principle Emphasizing flexibility and regulation of the legal element,” THE JUDICIARY’S LAW JOURNAL, vol. 85, no. 115 , pp. 157–187, 2021, [Online]. Available: https://sid.ir/paper/411384/en

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