Paper Information

Journal:   JOURNAL OF LAW AND POLITICS   fall 2018 , Volume 14 , Number 37 #m00562; Page(s) 51 To 76.
 
Paper: 

Challenges to the violation of the constitutional principles of the criminal law

 
 
Author(s):  AHMADI SEYED MOHAMMAD SADEGH*, Shahi Mohammad Sharif, Shamei Mohamad
 
* Faculty of law, Khorasgan Azad University, Isfahan, Iran
 
Abstract: 
The general principles of law are the supreme point of the hierarchy of resources in the field of law. The manifestation of social and moral values in the context of the general principles of law, highlights this material source and differs from other sources; hence, according to authors, the distinction should be made between the foundations of rights and resources. If the law of the subject matter is approved by the competent authority, the law is only justified in law, although it is conflicting with the general principles of law; the law of the law must be consistent with the material criterion, that is, with the general principles of law, in order to be able to the law literally spoke. In the leading article, Iran's laws and regulations have been criticized and criticized in contravention of the strategic principles of criminal law (with emphasis on the principle of innocence and the principle of the lawfulness of crimes and punishments). As a result, it must be said that the conflict of law with the legal principles is possible only exceptionally and with firmly rational reasons. In modern law, the reasons and arguments must, in addition to protecting the personal and social security of citizens, must ensure that they are most protected against violations of the law and the ruling power.
 
Keyword(s): The general principles of law,sources,principles,the principle of innocence,the principle of the lawfulness of crimes and penaltie
 
References: 
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