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Exceptional Status and Suspension of the Law: Violation of Human Rights and Spread of Colonial Ethics
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M.H Ostad1   , A Ranjbar2 , Y Roustaei Hosseinabadi3 , M Sadeghi4 |
1- Ph.D. Student of Public Law, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran.
2- Department of Public Law, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran. , ahmad.ranjbar.dr@gmail.com
3- Department of Public Law, Minab Branch, Islamic Azad University, Minab, Iran
4- Department of Law, Hormozgan University, Bandar Abbas, Iran |
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Abstract: (48 Views) |
Background: Democratic governments exercise power through law and are required to obey it. But the exceptional situation expresses a situation where the ruler goes beyond legality in the name of public interest. Some thinkers and theoreticians have defended the exceptional situation and referred to it as the management of the crisis of democracy in a legal framework, and some others have severely criticized it to the extent that they called it a constitutional dictatorship. In the current study, researchers try to examine this concept from the perspective of human rights and ethics. Therefore, the present study was formed with the aim of investigating the exceptional situation and the suspension of the law in increasing the possibility of human rights violations and the spread of colonial ethics.
Conclusion: From an ethical and human rights-based point of view, the state of exception is discussed as a constitutional dictatorship, and the continuation of the imposed situation for a long time is worrisome. Applying a state of exception or emergency is a phenomenon that is usually common to democratic and non-democratic governments, the only difference between the two is the presence or absence of balance and balance to prevent arbitrary abuse of emergency and extraordinary powers by the government. Therefore, in order to prevent any kind of abuse in democratic countries, the criteria and scope of decision-making by the authorities in exceptional circumstances have been determined in the constitution, which cannot be generalized.
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| Keywords: Exceptional Situation, Rule of Law, Colonial Ethics, Human Rights |
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Full-Text [PDF 786 kb]
(65 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/03/6 | Accepted: 2024/06/10 | Published: 2025/08/23
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