Fair Trial partial Constitutionalization in the Mashruteh Constitution
Abstract The right to fair trial is one of the fundamental human rights of humankind. Hence, this right has been now among constitutional norms and in the constitution of some countries it has been subject to constitutionalization. From a historical viewpoint, What important is the Mashruteh Constit...
| 發表在: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
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| 格式: | Article |
| 語言: | 波斯语 |
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Allameh Tabataba'i University Press
2021-03-01
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| 在線閱讀: | https://jclr.atu.ac.ir/article_12616_d0a801eb6053aec2e8c902ed8b9646ca.pdf |
| _version_ | 1850109344786415616 |
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| author | Gholamreza Gholipour Nasrin Mehra |
| author_facet | Gholamreza Gholipour Nasrin Mehra |
| author_sort | Gholamreza Gholipour |
| collection | DOAJ |
| container_title | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| description | Abstract The right to fair trial is one of the fundamental human rights of humankind. Hence, this right has been now among constitutional norms and in the constitution of some countries it has been subject to constitutionalization. From a historical viewpoint, What important is the Mashruteh Constitution approach to fair trial, as a first constitution of Iran. The main question is that the drafters of this Act, what approach have to fair trial? This paper shows that drafters of Mashruteh Constitution and its complement (Motammem) dealt with “judicial security” and therefore recognized and constitutionalized a set of principles of fair trial such as legality, judiciality, privacy, judicial independence, access to justice, prohibition of unlawful arrest, etc. However, some other important principles such as presumption of innocence, access to a lawyer, prohibition of torture and etc were neglected. As a result, it can be concluded that the Mashruteh Constitution constitutionalized an incomplete version of fair trial. |
| format | Article |
| id | doaj-art-4e248a68acba4f8aa2bc2f9a98dcb0c3 |
| institution | Directory of Open Access Journals |
| issn | 2345-3575 2476-6224 |
| language | fas |
| publishDate | 2021-03-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| spelling | doaj-art-4e248a68acba4f8aa2bc2f9a98dcb0c32025-08-20T00:00:45ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242021-03-01934639710.22054/jclr.2018.32283.168312616Fair Trial partial Constitutionalization in the Mashruteh ConstitutionGholamreza Gholipour0Nasrin Mehra1PhD Student in Criminal Law, Shahid Beheshti University, Tehran, Iran (Corresponding Author)Associate Professor of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran.Abstract The right to fair trial is one of the fundamental human rights of humankind. Hence, this right has been now among constitutional norms and in the constitution of some countries it has been subject to constitutionalization. From a historical viewpoint, What important is the Mashruteh Constitution approach to fair trial, as a first constitution of Iran. The main question is that the drafters of this Act, what approach have to fair trial? This paper shows that drafters of Mashruteh Constitution and its complement (Motammem) dealt with “judicial security” and therefore recognized and constitutionalized a set of principles of fair trial such as legality, judiciality, privacy, judicial independence, access to justice, prohibition of unlawful arrest, etc. However, some other important principles such as presumption of innocence, access to a lawyer, prohibition of torture and etc were neglected. As a result, it can be concluded that the Mashruteh Constitution constitutionalized an incomplete version of fair trial.https://jclr.atu.ac.ir/article_12616_d0a801eb6053aec2e8c902ed8b9646ca.pdffair trialmashruteh constitutionconstitutionalizationjudicial securityprocedural justice |
| spellingShingle | Gholamreza Gholipour Nasrin Mehra Fair Trial partial Constitutionalization in the Mashruteh Constitution fair trial mashruteh constitution constitutionalization judicial security procedural justice |
| title | Fair Trial partial Constitutionalization in the Mashruteh Constitution |
| title_full | Fair Trial partial Constitutionalization in the Mashruteh Constitution |
| title_fullStr | Fair Trial partial Constitutionalization in the Mashruteh Constitution |
| title_full_unstemmed | Fair Trial partial Constitutionalization in the Mashruteh Constitution |
| title_short | Fair Trial partial Constitutionalization in the Mashruteh Constitution |
| title_sort | fair trial partial constitutionalization in the mashruteh constitution |
| topic | fair trial mashruteh constitution constitutionalization judicial security procedural justice |
| url | https://jclr.atu.ac.ir/article_12616_d0a801eb6053aec2e8c902ed8b9646ca.pdf |
| work_keys_str_mv | AT gholamrezagholipour fairtrialpartialconstitutionalizationinthemashrutehconstitution AT nasrinmehra fairtrialpartialconstitutionalizationinthemashrutehconstitution |