نوع مقاله : مقاله پژوهشی
نویسنده
دانشآموخته دکتری تخصصی حقوق خصوصی، دانشکده معارف اسلامی و حقوق، دانشگاه امام صادق علیهالسلام، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
It has long been questioned whether the legislature can be held responsible for damages caused to individuals or legal entities if their legislation causes harm? Some argue that theoretically since the law is one of the most critical tools for the survival of the state (immunity based on the sovereignty of the state) and the means of implementing philosophical-political principles for the formation of a government (immunity based on the primacy of public interest over private interest) and on the other hand, the assumption of legislative liability will have a huge financial cost for the government (immunity based on limited government resources), therefore the immunity of the government and the legislature from the law must be acknowledged. The purpose of this article was to open up a way to prove the civil liability of the government under the legislation based on the jurisprudence of the Ahl al-Bayt (PBH). Hence, the main question is designed as follows: "Can the legislator be considered liable in the event of damage by relying on the general rules of the liability chapter (especially the jurisconsult liability rule) "and by applying the rule to the fatwas of the jurists, the legislature of the parliament, the performance of the Guardian Council and also the ruling of the Supreme Leader, can they be held responsible in case of damage? "It seems that if in Islamic society, the ruling and the law cause harm, the source of the same ruling, i.e. the ruler of the Islamic society (government and its legislative components), is responsible for compensation and will be liable for all laws issued in society. Compensation methods and operational strategies for this significant issue are a serious discussion that is beyond the scope of this article.
کلیدواژهها [English]
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