Exceptional conditions and exceptions to the rule of law (Case study of the approach of constitutional experts to emergency situations)

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MASHHADI ALI; daraee Ali; GHARLOGHI SADIGHE

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Paper Information

Journal: JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH Year:2020 | Volume:2 | Issue:4 Page(s): 39-56

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Title

Exceptional conditions and exceptions to the rule of law (Case study of the approach of constitutional experts to emergency situations)

Author(s)

MASHHADI ALI | daraee Ali | GHARLOGHI SADIGHE | Issue Writer Certificate

Keywords

Exceptions to the rule of law

basic principles of administrative law

exceotional

constitutional experts

Abstract

The idea of the rule of law is a cornerstone of public law in the field of constitutional law and administrative law and has its application. This idea, in addition to its formal and substantive components, means the legitimacy of all decisions and powers of administrative and political officials. However, one of the Exceptions to the rule of law is the exceptional circumstances in which, in certain critical situations, the application of the law is suspended and shaken and does not have the quality of implementation under normal circumstances. The main question in the present article is what are the views and conclusions of the constitutional experts about the exceptional conditions in the special period of suspension and emergency of 1979? The fundamental legislatures adopted the Ninth, Sixty-eighth, Seventy-eighth and Seventy-ninth Principles with the content of exceptional conditions. The authors have come to a descriptive-analytical conclusion that although there were wide-ranging conceptionswhich restrict human rights and freedoms in the Constituent Assembly, the final and majority attitude of constitutional experts is to accept exceptional conditions at different times with a reasonable approach. And he was disciplined.

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APA: Copy

MASHHADI, ALI, daraee, Ali, & GHARLOGHI, SADIGHE. (2020). Exceptional conditions and exceptions to the rule of law (Case study of the approach of constitutional experts to emergency situations). JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, 2(4 ), 39-56. SID. https://sid.ir/paper/415495/en

Vancouver: Copy

MASHHADI ALI, daraee Ali, GHARLOGHI SADIGHE. Exceptional conditions and exceptions to the rule of law (Case study of the approach of constitutional experts to emergency situations). JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH[Internet]. 2020;2(4 ):39-56. Available from: https://sid.ir/paper/415495/en

IEEE: Copy

ALI MASHHADI, Ali daraee, and SADIGHE GHARLOGHI, “Exceptional conditions and exceptions to the rule of law (Case study of the approach of constitutional experts to emergency situations),” JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH, vol. 2, no. 4 , pp. 39–56, 2020, [Online]. Available: https://sid.ir/paper/415495/en

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