Document Type : Article
1 Associate Prof, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
2 MA. Student in Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Explaining the restrictions of rights and freedoms helps to maintain public order. It also guarantees the legitimate rights of individuals against the state. As in other legal systems and in international law, restrictions on freedom of gatherings and demonstrations have been officially recognized in the Iranian legal system. Article 27 of the [Iranian] Constitution and the Act on the Activities of Political Parties have addressed this issue. Using an analytical-descriptive method and based on library sources, this paper seeks to answer the question of what is the nature of these restrictions in the Constitution and the said Act. It is clear that “carrying weapons” removes the peaceful nature of an assembly, and “disruption of Islamic principles” means any action that weakens people's belief in religious requirements, including religious principles, rules, and ethics. In addition to explaining the relationship between the requirement of licensing in the Act on the Activities of Political Parties and the Constitution, the paper expounds that, according to the new Act, the scope of licensing for demonstrations has become more limited and has some ambiguities.
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References In Persian:
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- Lawsuit No. 181 dated 29/5/2014 of the Specialized Board of the Administrative Court of Justice regarding the annulment of Article 4 of the Regulation of How to Provide Security for Legal Assemblies and Demonstrations and Articles 30 and 32 of the Executive Regulation of the act of Activities of Parties, Populations and Political Guild Associations or Well known Religious minorities (In Persian).
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