Expediential Criminalization In Islamic Republic of Iran

Expediential criminalization is the group of criminalization which are legitimized based on the principle of expediency. Expediency is a common and widely used concept for which different interpretations exist. Therefore, in this study, clarification of the concept, boundaries and determining its cr...

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Main Authors: قدرت الله خسروشاهی, ali ganji
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2019-11-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
Subjects:
Online Access:https://jclr.atu.ac.ir/article_10408_45ff7dfb0e6d45f4b853860eb1706369.pdf
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author قدرت الله خسروشاهی
ali ganji
author_facet قدرت الله خسروشاهی
ali ganji
author_sort قدرت الله خسروشاهی
collection DOAJ
description Expediential criminalization is the group of criminalization which are legitimized based on the principle of expediency. Expediency is a common and widely used concept for which different interpretations exist. Therefore, in this study, clarification of the concept, boundaries and determining its criteria and their impact on the criminalization are first addressed and then the position of expediential criminalization is studied in the Islamic republic of Iran government. In the Islamic republic of Iran, the criterion for expediential criminalization is the benefit of the government. The reference for determining it is the council selected by the leader known as “the expediency discerning council”. In some cases, this institution has the right to cross the principles and provisions of the constitution and Islamic laws. This type of expediency has an important impact on the criminalization due to which criminal, political, and periodical inflations and reactive criminal laws occur and it faces various challenges such as political, legal, ethical, religious, and human rights challenges.
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spelling doaj.art-da5868fd802f497b951d7a5ae9ecb9a52024-01-02T10:56:04ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242019-11-0182817520610.22054/jclr.2018.23385.144510408Expediential Criminalization In Islamic Republic of Iranقدرت الله خسروشاهی0ali ganji1دانشگاه اصفهان-هیات علمیtehranExpediential criminalization is the group of criminalization which are legitimized based on the principle of expediency. Expediency is a common and widely used concept for which different interpretations exist. Therefore, in this study, clarification of the concept, boundaries and determining its criteria and their impact on the criminalization are first addressed and then the position of expediential criminalization is studied in the Islamic republic of Iran government. In the Islamic republic of Iran, the criterion for expediential criminalization is the benefit of the government. The reference for determining it is the council selected by the leader known as “the expediency discerning council”. In some cases, this institution has the right to cross the principles and provisions of the constitution and Islamic laws. This type of expediency has an important impact on the criminalization due to which criminal, political, and periodical inflations and reactive criminal laws occur and it faces various challenges such as political, legal, ethical, religious, and human rights challenges.https://jclr.atu.ac.ir/article_10408_45ff7dfb0e6d45f4b853860eb1706369.pdf: criminalization"expediential criminalization"the expediency discerning council ' expediential
spellingShingle قدرت الله خسروشاهی
ali ganji
Expediential Criminalization In Islamic Republic of Iran
Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
: criminalization"
expediential criminalization"
the expediency discerning council ' expediential
title Expediential Criminalization In Islamic Republic of Iran
title_full Expediential Criminalization In Islamic Republic of Iran
title_fullStr Expediential Criminalization In Islamic Republic of Iran
title_full_unstemmed Expediential Criminalization In Islamic Republic of Iran
title_short Expediential Criminalization In Islamic Republic of Iran
title_sort expediential criminalization in islamic republic of iran
topic : criminalization"
expediential criminalization"
the expediency discerning council ' expediential
url https://jclr.atu.ac.ir/article_10408_45ff7dfb0e6d45f4b853860eb1706369.pdf
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