فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 29 (تابستان 1402)

The principle of "rule of law" has several roles in public law. It has the role of principles, goals and tools of democracy and human rights. The rule of law as a tool for creating and guaranteeing human rights, with the predictability of the future of the citizen and imposing restrictions on the government, is in a position where the concept of freedom and human rights is impossible without the rule of law. Anti-authoritarianism is one of the many principles of the Constitution of the Islamic Republic of Iran, especially in the third chapter for human rights, which does not have a means of guaranteeing it in a centralized way. But it is possible to find a way to guarantee tools based on the rule of law that are scattered in its principles. This article analyzes the role of the rule of law and the guarantee of its implementation in guaranteeing and realizing human rights and fundamental freedoms in an analytical and descriptive manner by counting the cases mentioned in the constitution.In this research, it is clear that the principle of the rule of law, and its requirements (the principle of incompetence, accountability...) has limited the ruler's behavior and performance by guaranteeing implementation, and human rights can be realized by making the future of citizens predictable. The goals and principles of the constitution have provided the goal of this sovereignty, but the existence of some interpretable words and practical procedures can create challenges in this article.

One of the principles of favorable governance is the respect of citizens rights, and in citizenship, The issue of freedom has a special place so In this regard, the realization of freedom has been one of the basic slogans and goals of the Islamic Revolution of Iran; Therefore this issue is essential in order to maintain and Continuity of the Islamic Revolution. In this study, the subject of the role and the effect of political freedoms on citizenship is discussed by an analytical-descriptive method. The findings of this researcher show that the religion of Islam includes many rules and teachings about human rights and freedoms ,and the principles of the Islamic Republic of Iran have also been emphasized and the issue of freedom has been taken into consideration and the favorable governance and participation of the people in society's affairs and indicate that It requires respect for citizenship rights and freedom.

Arbitrary detention is not only contrary to natural and fundamental human rights such as the right to freedom, but also hinders fair proceedings and the realization of justice. The present article tries to study the issue of arbitrary detention in the Islamic legal system and international human rights documents using a descriptive-analytical method and using library sources. The findings of this comparison show, firstly; Because the international human rights documents that are compiled for the rights of the individual only emphasize on individual freedoms and social security is often kept silent in these documents, which happens to be the result of this silence is the confusion of social security with the position of statesmen and this issue is related to the many examples of arbitrary arrests and Using this tool leads to suppression of opponents. On the contrary, in the Islamic legal system, individual freedom and social security have been dealt with in a balanced way, and the issue of social security has been separated from the security of the rulers, and the examples of legal arrest have been limited to cases of social security violations. Secondly; It is possible to object to arbitrary detention in both legal systems. Thirdly; Regarding the possibility of receiving damages due to detention, there is no prohibition in both legal systems, but the human rights documents have proposed the type and method of compensation in more detail.

One of the basic principles in dealing with disputes is the impartiality of the investigating body. This issue is important not only in court proceedings, but also in resolving disputes through arbitration. Considering the ambiguous approach of the Iranian legislator regarding the principles of proceedings in arbitration, the concept and effects of arbitrator's neutrality are not clear in Iran's legal system. This is despite the fact that the neutrality of the arbitrator has been emphasized in the arbitration rules of England as well as the international arbitration institutions, and its scope has been expanded even before the start of the proceedings. This article, with a descriptive-analytical method, aims to investigate the concept, dimensions, and works adopted in these two legal systems regarding the neutrality and bias of the arbitrator. The present research concludes that unlike the legal system of England, there are still serious gaps in the legal system of Iran both in the basics of the necessity of impartiality of the arbitrator and in the description of its dimensions and effects

Terrorist crimes are a phenomenon that is the product of various causes, which at the same time is considered the cause of the formation of various situations. From the point of view of the relationship between terrorism and human rights, this phenomenon is the result of the violation of human rights and the lack of conditions for lasting peace. Therefore, it targets respected norms in the world (such as compliance with human rights standards, rule of law, democracy, and international peace and security). In this way, the international community adopted several documents to counter and suppress terrorism by adopting active and reactive policies; But the thing to think about is that unfortunately, the aforementioned documents could not meet the expectations of the international community in the fight against and suppression of terrorism due to the lack of necessary and effective executive guarantees in terms of lack of acceptance and global consensus. Therefore, the violation of the basic and fundamental rights of nations through terror, including gross violations of the right to life, requires that international human rights organizations, while taking serious and preventive measures and effectively dealing with terrorist crimes in all its dimensions, ultimately play a significant role in strengthening international peace and security in the world.