Examining Fundamental Rights and Freedoms and the Basics of Their Formation from the Perspective of Public Law
Journal: International Journal of Nations Research (Vol.6, No. 64)Publication Date: 2021.04.21
Authors : Khosrow H. Lifkoohi;
Page : 79-96
Keywords : Basics; Developments; Fundamental Freedoms; Public Law; Constitutions;
Abstract
Fundamental rights and freedoms include the set of rights recognized and guaranteed by the constitution. Regarding the development of fundamental rights and freedoms, a number of events can be mentioned that can be divided according to priority and delay. The purpose of this article is to examine the basics and developments of fundamental rights and freedoms. As societies progressed and became industrialized, the rise of rights and freedoms intensified. With the advent of philosophers such as Grotius, Thomas Hobbes, etc., new perspectives on the relationship between the individual and the state emerged. Among them, we can name the perspectives of fundamental rights and freedoms thinkers, the result of which was the move towards guaranteeing the rights and freedoms of citizens. In other words, behind the theories of these thinkers is the plan to form a civil society in which power is accountable and power is required to obey the law. Thus, in answer to the question of what views have been put forward about fundamental rights and freedoms, it is assumed that the formation of new social classes known as the bourgeoisie or the urban class led to the formation of social developments and movements, a clear example of which is the formation of the American and French revolutions and the constitutionalist movement and the rule of law. Hence, first theories and then social movements were formed.
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