Jurisprudential foundations of public order

Document Type : Original Article

Author

Faculty member of Payam Noor University

10.48308/jlr.2024.235691.2728

Abstract

The survival of any society and political, economic and social system requires public order. Beyond that, development and excellence also require the realization of public order. Public order in any society is a function of the values ​​of that society. In this article, an attempt has been made to examine the jurisprudential foundations of public order. The current article is descriptive and analytical and has been investigated using the library method. The findings of the article indicate that from a jurisprudential point of view, security and public comfort, compliance with Islamic standards and non-disobedience of God's commandments, fighting against infidels and transgressors, fighting against corruption and division, holding a sit-in to God's will, unity, cooperation and loyalty According to the covenant and in the subject law, which was compiled under the influence of jurisprudence standards, public security, public interests and public health are among the most important elements of public order.Regarding the impact of public order on individual and social freedoms, the necessity of interaction and balance can be emphasized. On the one hand, public order causes restrictions on some individual and social freedoms, and on the other hand, it provides the basis for the realization of individual and social freedoms, because in the absence of public order, it is impossible to talk about the realization of individual and social freedoms. This situation has also been exemplified in Iran's constitutional rights and in some cases individual freedoms have been limited with the aim of achieving public order.

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Articles in Press, Accepted Manuscript
Available Online from 15 June 2024
  • Receive Date: 13 May 2024
  • Revise Date: 03 June 2024
  • Accept Date: 15 June 2024