نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Although the protection of rights and freedoms was given special attention by the Islamic Republic system with the fundamentalization of Article 156, the ambiguities arising from the use of the term "public rights" in paragraph 2 of the aforementioned article have led to disagreements in the conceptual realm and examples of this category of rights. Therefore, this study, with a descriptive-analytical approach, seeks to analyze the meaning of public rights in paragraph 2 of Article 156 of the Constitution. The findings of the research, based on examining the implications of the fabrication of the term public rights in ordinary laws of the constitutional era, the details of the negotiations of the Assembly for the Final Review of the Constitution (1979) and the Revision Council (1989), as well as the type of confrontation of the legal system with the term, indicate that the meaning of public rights is those rights that do not have a specific beneficiary or, in the case of a specific beneficiary, the direct interest of the general public in that regard is evident. As a result, the violation or failure to implement those rights puts the individuals of a society in general - and not individually - at risk and causes harm or loss of their benefits. In such a case, the public aspect of the matter can be claimed by an institution such as the prosecutor's office, and of course, in cases of direct and personal harm to individuals, there is also the possibility of claiming by them. Also, examples of public rights are undoubtedly matters such as public health and hygiene, natural resources, public property, national security, public culture, cultural heritage, the environment, and a healthy and fair economy. At the same time, individual rights, assuming a direct and objective connection with the type of individuals in society, will also be examples of public rights.
کلیدواژهها English