Volume 25, Issue 91 (fall 2020 2020)
__Judicial Law Views __2012__, 25(__59__): __224177 |
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Qiyasi J A, managheb Z S. Conflict of legal arguments and solutions to solve it. دیدگاههای حقوقی 2020; 25 (91) :159-177
URL: http://jlviews2.ujsas.ac.ir/article-1-1604-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1604-en.html
1- University of Qom , jalalghiasi2001@yahoo.com
Abstract: (1127 Views)
Abstract
Conflict of legal evidence is one of the most serious issues in the law.The legislator is unable to provide a complete rule despite of careful attention and predict all the things that happen in the future;so conflict may occur in their laws and their materials.
conflict of laws, leads to chaos issuance of verdicts,absence of the justice and fairness and confusion of judges.the Conflict of law belong to the process of legislation and it may occur between laws at the one level or at hierarchical orders. Another genus of conflict may happen between common law and canon law. therefore, the jurists have sought to find a solution to solve this problem. in this study,after analyzing multiple books and articles and also with detailed study of the unanimity of policy unity, consultative theories, judicial meetings, are trying to explain different forms of conflict and the criteria to solve it; especially in the case of criminal law that is to balance the balance between individual rights and public security. therefore, the importance of this issue is obvious in creates a fair order and prevents the imposition of different tastes.
Conflict of legal evidence is one of the most serious issues in the law.The legislator is unable to provide a complete rule despite of careful attention and predict all the things that happen in the future;so conflict may occur in their laws and their materials.
conflict of laws, leads to chaos issuance of verdicts,absence of the justice and fairness and confusion of judges.the Conflict of law belong to the process of legislation and it may occur between laws at the one level or at hierarchical orders. Another genus of conflict may happen between common law and canon law. therefore, the jurists have sought to find a solution to solve this problem. in this study,after analyzing multiple books and articles and also with detailed study of the unanimity of policy unity, consultative theories, judicial meetings, are trying to explain different forms of conflict and the criteria to solve it; especially in the case of criminal law that is to balance the balance between individual rights and public security. therefore, the importance of this issue is obvious in creates a fair order and prevents the imposition of different tastes.
Type of Study: Applicable Research |
Subject:
Criminal Law
Received: 2019/04/27 | Revised: 2022/12/28 | Accepted: 2020/12/20 | Published: 2020/10/06 | ePublished: 2020/10/06
Received: 2019/04/27 | Revised: 2022/12/28 | Accepted: 2020/12/20 | Published: 2020/10/06 | ePublished: 2020/10/06
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