نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری، گروه حقوق عمومی و بینالملل، پردیس البرز، دانشگاه تهران، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The aim of the present research is to explain that if discriminations are not seen as part of a larger legal system and neglect the foundations of their own law, they lead to pure injustice. Of course, sometimes these injustices also arise from the intellectual confusion of the legislator who tries to preserve and develop the foundations of the legal system but either neglects its requirements or does not adhere to them. The relevant questions raised in this regard are how far positive discriminations just are or they should be placed within a specific spatial or temporal context, or which legal areas they include, also whether these discriminations can compensate for past injustices wherever there is injustice. To find out the answers it is hired an analytical method has been used also, leads to findings that sometimes differ from what is often discussed in legal literature. Justice, while having different dimensions, has a single meaning, placing each thing in its proper place. Its different meanings emerge based on the determined foundation for the legal system. Discriminations are used to establish a balance of justice, and their validity or invalidity measured based on the aforementioned foundations. In other words, a discrimination may be valid in one legal system and invalid in another. It is foundations that direct this issue. In this case, it seems that the application of positive discriminations in all legal systems has challenges the legislator, if not paying attention to them, disrupts the legal arena. It is for this reason that it is referred to as positive law discriminations because there must be a logical order between its components. If this is not taken into account, justice becomes the victim of discriminations that disrupt social order and prevent the achievement of common goods. The fundamental rights of human beings are the first stage of establishing justice, which is earnestly pursued in any society with earnestness and speed, even by using such law.
کلیدواژهها [English]
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