نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
There is no doubt that public order is a key concept in the domestic institutions of any legal system, particularly the statutory ones. In spite of its different conceptions, this concept plays its own role in all legal fields, whether domestic or international, regulating other legal institutions and rules in a significant relation with it. Public order can make a contract null and void, cause criminalization, suspend rights and freedoms, or increase the authorities of dignitaries in certain circumstances. On the other hand, it can overrule all or part of a convention or give rise to mutual military and coercive action. In contrast, we face the concept of public policy in Anglo-Saxon law, the concept supporting the fundamental values and beliefs of common law. However, the nature of these two legal institutions is far from clear, whether by themselves or in relation to each other. The present article seeks to study the concept of public order under two different terms in the statutory and Anglo-Saxon legal systems for their identical functions. It is an investigation based on the theories of legal scholars in both legal systems and on the legislative usages of the two concepts of public order and public policy. It indicates that public policy is a special conception corresponding to new legal developments and interactions.
کلیدواژهها [English]
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