Protecting the fundamental rights of the nation in the face of the security of criminal policy and the uncontrolled judicial actions of the government

Subject Areas : Journal of Law and Politics

Seyed Mohammad Farrokh Reza Shafiee ¹ , Salman Kunani ² , Smira Golkhandan ³

1 - Ph.D. student, Department of Criminal Law and Crime, Department of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran. (correspondent): [e-mail]
2 - Assistant Professor, Department of Criminal Law, Faculty of Law, Tehran North Branch, Islamic Azad University, Tehran, Iran. (author responsible): [e-mail]
3 - Associate Professor of Criminal Law and Crimeal Sciences, Department of Criminal Law and Crime, Department of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran. [e-mail]

Received: 2021-06-22 Accepted : 2021-11-25 Published : 2021-12-22

Keywords: Unsupervised judicial actions, Nation's constitutional rights, Security-oriented criminal policy, Principle of rule of law,

Abstract :

The protection of the fundamental rights of the nation is the gateway to the realization of democracy and the rule of law in society. Violation of these rights prevents the constitutional role from playing a desirable role in society, and guaranteeing these rights means protecting the constitution and the condition of legal development in society, which itself is compatible with measures such as public policy, such as criminal policy. Among the fundamental rights of the nation, which are likely to be violated in the security-oriented approach of criminal policy and exceptions to the rule of law, is the right to liberty and the right to sue. With description; In this article, with a descriptive-analytical method, an overview of the components of each of the mentioned matters and the results of the research indicate that; Despite the security contexts of Iran's criminal policy and the requirements of the rule of law, the reality is that the nation's fundamental rights are not violated and the establishment of participatory criminal policy mechanisms and the rulers' real benefit from religious teachings, as well as the necessary measures to control and monitor more. Exercising judicial oversight by the government can put an end to any possible concerns of violations or deviations from the nation's fundamental rights.