Document Type : Academicm and Research
Authors
1 Azarbaijan Shahid Madani University
2 Master of Art
Abstract
The right to assemble is a natural, common and citizen activity that is generally accepted both in documentation and in practice, except in exceptional cases. Specifically, the law of countries defines the limits of assembly, and deviation from legal arrangements is unjustifiable. However, due to ambiguities in the laws or a lack of awareness of regulations, the expressing protests by individuals sometimes unintentionally involves criminal actions. Then, transnational documents have established positive and negative obligations for governments to respect this right. Despite the development of certain concepts in these documents to include actions and disorders that are not accepted in any legal system, many instances have also been highlighted regarding the transparency and dissemination of restrictive regulations. In Iran’s constitutional law, there is no major limitation foreseen for the right to assembly; however, the use of broad, interpretable, and expandable concepts constrains the exercise of this right. The general and ambiguous concept of not disturbing the foundations of Islam in the Constitution, and subsequently, the bills and legal drafts presented to the Parliament to describe these principles, despite having positive aspects, justify most of the restrictions. Such drafts and bills transfer the same ambiguity to ordinary laws. Therefore, this article, with a descriptive and analytical approach, aims to clarify existing ambiguities and reduce the amount of criminal behavior resulting from citizens' lack of awareness. Finally, through a comparative study, it concludes enacting appropriate laws and providing sufficient and transparent information prevents concerns about restrictions on freedom after participating in assemblies.
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