Volume 23, Issue 81 (spring 2018)
__Judicial Law Views __2012__, 23(__59__): __22427 |
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Elham G H, Bahiraei A, Farajpoor A A. The scope of the right to revolution and its proportion to the Bagy . دیدگاههای حقوقی 2018; 23 (81) :1-27
URL: http://jlviews2.ujsas.ac.ir/article-1-1185-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1185-en.html
1- University of Tehran (Pardis, Farabi) , info@elham.ir
2- University of Tehran (Pardis, Farabi)
2- University of Tehran (Pardis, Farabi)
Abstract: (3103 Views)
Abstract:
The rights to revolution, uprising, disobedience and rebellion have discussed in religious and natural law. This right, after entering into human rights and citizenship documents, has discussed by jurists and scholars of politics. Historically the existence of this right has provided an important justification for various revolutons, and we are still referring to this right for many political developments like the Tunisian Revolution. Relying upon requirements of democracy in the current human rights as well as the rights of citizens in many Western states, the remarks of this right are quite evident. In religious law, there are different views in this regard. One of points of view in this respect belongs to Shia which recognizes this right. The present paper, by descriptive-analytical method, considers the nature and foundation of this right in a comparative study between Western origins (focusing on American law) and Islam and also takes it to account its reflection on the sources of the constitutional law of the Islamic Republic of Iran.
The rights to revolution, uprising, disobedience and rebellion have discussed in religious and natural law. This right, after entering into human rights and citizenship documents, has discussed by jurists and scholars of politics. Historically the existence of this right has provided an important justification for various revolutons, and we are still referring to this right for many political developments like the Tunisian Revolution. Relying upon requirements of democracy in the current human rights as well as the rights of citizens in many Western states, the remarks of this right are quite evident. In religious law, there are different views in this regard. One of points of view in this respect belongs to Shia which recognizes this right. The present paper, by descriptive-analytical method, considers the nature and foundation of this right in a comparative study between Western origins (focusing on American law) and Islam and also takes it to account its reflection on the sources of the constitutional law of the Islamic Republic of Iran.
Type of Study: Research |
Subject:
Criminal Law
Received: 2018/01/21 | Revised: 2019/01/02 | Accepted: 2018/05/30 | Published: 2018/10/23 | ePublished: 2018/10/23
Received: 2018/01/21 | Revised: 2019/01/02 | Accepted: 2018/05/30 | Published: 2018/10/23 | ePublished: 2018/10/23
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