Public Law Studies Quarterly

Restrictions on Freedom of Assembly with Emphasis on the ‎New Act on the Activities of Political Parties ‎

Document Type : Article

Authors

Bijan Abbasi 1
Mohammadjavad Shafaghi 2

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

https://doi.org/10.22059/jplsq.2021.301021.2390
Abstract
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.

Keywords

freedom of association
‎freedom of ‎demonstrations
article 27 ‎of the Constitution
laws ‎on parties
restrictions.‎

  1. English

    1. A) Books
    2. Donnelly, Jack (2013), Universal human rights in theory and practice. New York. Cornell University Press.
    3. Lawson, Edward; Bertucci, Mary Lou (1996), Encyclopedia of human rights. Taylor & Francis.
    4. Mcbride, Jeremy (2005), Freedom of association, in the essentials of human rights. London, Hodder Arnold.
    5. Rawls, John (2009), A theory of justice. Cambridge. Harvard university press.
    6. Rohde, Stephen (2009), Freedom of Assembly. New York. Infobase Publishing.

     

    1. B) Articles
    2. Abu El-Haj, Tabatha (2009), The neglected right of assembly. UCLA Law Review, Vol.56, No.3, pp.543-590.
    3. Berger, John (1968), Nature of Mass Demonstrations. New Society, Vol.11, No.295, pp.754-755.
    4. Hamilton, Michael (2007), Freedom of assembly, consequential harms and the rule of law, Liberty-limiting principles in the context of transition. Oxford Journal of Legal Studies, Vol.27, No.1, pp.75-100.
    5. Howie, Emily (2018), Protecting the human right to freedom of expression in international law, International Journal of Speech-Language Pathology, 20:1,1215.
    6. Inazu, John D. (2010). The forgotten freedom of assembly. Tulane Law Review, 84(3), pp.565-612.

     

    1. C) Documents
    2. European Convention on Human Rights available at: shorturl.at/rCFHS
    3. International Covenant on Civil and Political Rights available at: https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
    4. The Universal Declaration of Human Rights, available at: https://www.un.org/en/universal-declaration-human-rights/

     

    References In Persian:

    1. A) Books
    2. Abbasi Lahiji, Bijan (2016), Human Rights and Fundamental Freedoms, Tehran, Justice Publishing (In Persian).
    3. Dehkhoda, Ali Akbar (1995), Dehkhoda Dictionary: Edited by Mohammad Moin and Jafar Shahidi, Tehran, University of Tehran Press (In Persian).
    4. Eslami, Reza & Kamalvand, Mohammad Mehdi (2016), Freedom of Association in the International Human Rights System and the Iranian Legal System, Tehran, Majd (In Persian).
    5. Hashemi, Seyed Mohammad (2005), Human Rights and Fundamental Freedoms, Tehran, Mizan (In Persian).
    6. Hosseini Dashti, Seyed Mostafa (2001), Maaref and Maarif the Comprehensive Islamic Encyclopedia, Tehran, Array Cultural Institute (In Persian).
    7. Katozian, Nasser (2014), Property, Tehran, Mizan (In Persian).
    8. Makarem Shirazi, Nasser (2006), Esteftaat Jadid, Qom, Imam Ali Ibn Abi Talib (PBUH) School Publications (In Persian).
    9. Sadri Afshar, Gholamhossein, Hakami, Nastaran; Hamaki, Nasrin (2009), Persian Culture, Tehran, Contemporary Culture (In Persian).
    10. Tabatabai Motameni, Manouchehr (2015), Public Freedoms and Human Rights, Tehran, University of Tehran (In Persian).
    11. Vakil, Amir Saed & Asgari, Pouria (2012), The Constitution in the Current Legal Structure, Tehran, Majd Publications, 4th Edition (In Persian).

     

    1. B) Articles
    2. Hashemi, Seyed Mohammad (1998), "Civil Society and Political System", Journal of Legal Research, No. 23-24 (In Persian).
    3. Khalkhali, Farid (2004), "Public Order and Freedom of Association", Constitutional Law Quarterly, No. 3, pp. 51-64 (In Persian).
    4. Maghami, Amir & Maki, Shadi Sadat (2018), “Manifestations of the right to freedom of expression in the practice of international human rights institutions. Journal of Public Law Studies, University of Tehran, Vol.48, No.1, pp.139-157 (In Persian).
    5. Ranjbarian, Amir Hossein & Zargarinejad, Nasim (2015), "What and how to exercise the right to peaceful assembly: An analysis of the achievements of the UN Special Rapporteur", Journal of Public Law Studies, University of Tehran, No. 2, pp. 203-230 (In Persian).
    6. Research Institute Of Howzeh and University (2015), "Principles and Limits of Freedom of Expression and Press from the Perspective of Jurisprudence and Law", Quarterly Journal of the Seminary and University, No. 34, pp. 123-145 (In Persian).

     

    1. D) Websites
    2. Legal Advisory Assembly of the Guardian Council (2015), Report of the Legal Advisory Assembly on the proposal of activities of political parties and groups, Research Institute of the Guardian Council, Report No.: 9403015, Date of preparation: 25/03/2015 can be viewed at: https://is.gd/UM39JF (In Persian).
    3. www.irna.ir/news/83561901/ (In Persian).

     

     

    1. E) Decisions
    2. 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).
    3. Lawsuit No. 1314.1313.1212 dated 2019/9/17 of the General Assembly of the Court of Administrative Justice regarding the annulment of the decision of the Council of Ministers regarding the determination of permitted places for gatherings (In Persian).
Public Law Studies Quarterly
Volume 53, Issue 1
Spring 2023
Spring 2023
Pages 163-182

  • Receive Date 19 April 2020
  • Revise Date 29 November 2020
  • Accept Date 26 January 2021

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