نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Individual and social rights and freedoms are important human rights issues that, especially in recent decades, have gained increasing significance due to the globalization of human rights and the growing public awareness. This has made the examination of the guarantees of these rights, particularly from a comparative perspective, necessary. The aim of this paper is to explore the important question of what the guarantees for individual and social rights and freedoms are in the legal systems of Iran and Iraq. The results indicate that in the Iranian legal system, the President's duties in implementing constitutional principles related to the rights of the people, the powers of the Parliamentary Commission of Article 90, and the powers of judicial and quasi-judicial bodies such as the Administrative Justice Court, are among the most important mechanisms for guaranteeing individual and social rights and freedoms. In Iraq's legal system, the explicit mention of individual and social rights and freedoms in the Constitution, judicial oversight of the implementation of constitutional principles, judicial bodies and guarantees, and the role of civil society and non-governmental organizations are key factors that ensure individual and social rights and freedoms. Overall, Iran's legal system provides more guarantees for individual and social rights and freedoms compared to Iraq, although certain aspects of social rights, such as the right to hold public gatherings, may be limited due to considerations like public order, with no defined executive guarantee for them. The conclusion is that the rule of law and adherence to the principle of separation of powers can influence the guarantees of individual and social rights and freedoms. This paper is descriptive-analytical in nature and employs a library-based research method to address the question under discussion.
کلیدواژهها English
