Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   SUMMER 2017 , Volume 81 , Number 98 #F0051; Page(s) 147 To 173.
 
Paper: 

CONFRONTATION OF RIGHT AND EXPEDIENCY (WITH AN EMPHASIS ON TERRORIST OFFENCES)

 
 
Author(s):  GHADIRI BAHRAM ABADI RASHID*
 
* 
 
Abstract: 

One of the most fundamental philosophical issues, which is examined in political philosophy and philosophy of law, is confrontation of right and expediency. One side of this confrontation are people and their rights who expect the recognition of minimum fundamental rights, like the right to a fair trial, which belongs them under the humans dignity and personality. On the other side, society by the aid of its representatives, while trying to produce minimum resources for people and securing their welfare, has also a glance to its maintainance and continuance, by complying with some interests. This confrontation between humans rights and community interests, arrives its summit in terrorist offences and this, forms the most important philosophical base of differential criminal proceeding in terrorist offences. On one hand, suspects of terrorist activities want a fair trial as an undeniable right for human kind and on the other hand, political and judicial authorities seek to retain security of society, and see suspending and ignoring terrorist suspects’ rights, as one of resorts for achieving this aim. They regard suspension and ignorance of this group’s rights, as securing security. After explanation of this confrontation and its quality in terrorist offences, in this essay, is tried to produce logical resorts for its resolution.

 
Keyword(s): RIGHT, EXPEDIENCY, CONFRONTATION, TERRORIST OFFENCES, FAIR TRIAL
 
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