The Principle of Proportionality; A Tool to Guarantee and Balance the Fundamental Rights and Freedoms and Public Interests

Document Type : Original Article

Authors

1 PhD. Candidate, Faculty of Law, Theology & Political Sciences, Islamic Azad University: Science & Research Branch, Tehran, Iran

2 Assistant Professor, Faculty of Law, Theology & Political Sciences, Islamic Azad University: Science & Research Branch, Tehran, Iran

Abstract

Some rights are called fundamental because their existence lead to development and their absence to deterioration of the individuals and their personalities. It is an inalienable and necessary component of a modern democratic government to support the fundamental rights. Therefore, it is essential that the fundamental rights and freedoms to be supported sufficiently and efficiently. In the modern government paradigm, the governing body is responsible for ensuring the observance of human rights. Therefore, the objective of legal state is to support the fundamental rights and freedoms of citizens. Some of the rights and freedoms benefit from the ability to be relativized under certain circumstances and may also confront some restrictions. It is therefore necessary to define the territory and limits of restrictions imposing on the fundamental rights relying on the normative criteria and principles. Using the descriptive and analytic method and the library resources, this study attempts to assess the role of the principle of proportionality as a right-based principle in order to achieve its ultimate goal, which is to balance the authority of public officials to provide public interests on the one hand and guarantee and support the social, public and individual rights and freedoms.

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Legal Research Quarterly
Volume 27, Issue 4 - Serial Number 108
February 2025
Pages 207-224

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History

  • Receive Date: 20 February 2021
  • Revise Date: 13 June 2022
  • Accept Date: 27 June 2022

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