Paper Information

Journal:   RAHBORD   SPRING 2011 , Volume 20 , Number 58 (SPECIAL SECTION ON LEGAL STUDIES); Page(s) 95 To 130.
 
Paper:  THE LEGAL SECURITY AS A NECESSARY CONDITION FOR PROCEDURAL SECURITY
 
Author(s):  VIJEH MOHAMMADREZA*
 
* 
 
Abstract: 
Nowadays, the legal security is used widely in law as well as in political discussions. On the contrary, there is limited knowledge about it in the acts and jurisprudence. It must be noted that the legal security principle has a dominant position in legal systems and is the basis of the rule of law. In other words, one of the governmental imperatives which is stipulated in law (rule of law), is the citizens' awareness of their legal rights and duties. Consequently, as the other constituents of rule of law, this principle is guaranteed by Constitutions.
The other important point which shall be noted in this principle is its role in facilitating the function of other elements of rule of law such as procedural security and protection of the citizens' rights and freedoms. In all legal systems, as their first duty, the rights and freedoms of citizens should be protected, so that other aspects of legal system are defined according to it. This article studies this aspect of legal security and defines legal security as a necessary condition for the realization of the procedural security.
In this regard, the legal security is realized when citizens become aware of their rights in legal procedures, and more importantly, it is a guarantee for stability and transparency of the legal system.
 
Keyword(s): LEGAL SECURITY, PROCEDURAL SECURITY, TRANSPARENCY, INNOCENCE, LEGITIMATE CONFIDENCE, ACQUIRED RIGHTS
 
References: 
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