Volume 23, Issue 81 (spring 2018)                   __Judicial Law Views __2012__, 23(__59__): __224220 | Back to browse issues page

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Moazenzadegan H, Rahdarpour H. Transparency of Law Principle and its Position in the European Court of Human Rights Procedure and Iranian Criminal Law. دیدگاه‌های حقوقی. 2018; 23 (81) :193-220
URL: http://jlviews.ujsas.ac.ir/article-1-1057-en.html
1- Allametabatba`i University , moazenzadegan@gmail.com
2- Allametabatba`i University
Abstract:   (5097 Views)


Making transparent and unambiguous laws is one of the requirements of good governance and consequences of “rule of law”. The necessity of making such laws as Transparency of Law principle is one of the important elements of “the quality of the law principle”. This is a post legality principle which is derived from European court of human rights Procedure which has practised for a considerable time and has assured rights of subjects of law against the legislator and lawmakers. In spite of recognizing transparency of law principles in judgments of European Court of Human Rights and its direct effects on restriction of liberties, has been neglected in Iran; Because the quality of law principle has not been recognize in Iranian law.” The silence of the Constitution to guarantee such principle, has paved the way for making ambiguous criminal laws due to different substantial and procedural reasons. Lack of attention to requirements of law transparency especially in legislation process, has not only deprived Iranian citizens from legal guarantees against ambiguous legislation, but also it has practically helped legislators to determine and design strategies of jurisprudential sources referred to in principle 167 of the Constitution in order to make the ambiguity transparent; a solution which is against itself and finally leads to a new challenge to the current ambiguity.
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Type of Study: Research | Subject: Criminal Law
Received: 2017/08/29 | Revised: 2019/01/02 | Accepted: 2018/04/24 | Published: 2018/10/23 | ePublished: 2018/10/23

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