Rights of Aliens’ Sources in Iran statutes
Journal Title: Journal of Science and today’s world - Year 2013, Vol 2, Issue 5
Abstract
This paper will examine and discuss what is represented in the form of the rights of aliens’ sources in Iranian law. in such legal systems as Iran, which are based on written laws, the law is one of principal legal sources and therefore, a fundamental role in formulating solutions to issue of rights of aliens is belongs to legislature. So in Iran legal system, the main source is law. The Next source is case-law. Exploring case-law will clear how the courts interpret the law and implement it on given cases and, how its deficiencies may be compensated in practice. Moreover, one should also regard other sources of domestic law i.e. custom and legal theories, in recognizing rights of aliens in any state. According to many legal scholars, states should recognize minimum rights for aliens. Article 167 of the Iran constitution considers juridical sources as one of Iran’s legal sources. In Shiee jurisprudence, commandments can be deducted from four sources: the noble Qur'an, Sunnah(tradition), consensus and wisdom. In examining’ pubic rights of aliens, these sources are the foundations of determining their rights.
Authors and Affiliations
Mohammad Zeinali Baravati , Nasser Soltani
Keywords
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