Linking the principle of the necessity of observing legal formalities and justice and the principle of the rule of law in international law from the perspective of political geography

Authors

1 PhD Student in International Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran.

2 Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.

Abstract

The most important criterion for defining the principle of "the necessity of observing the formalities of law and justice" is the concept of "arbitrary governmental behavior". Thus, the arbitrary behavior of public officials and the above-mentioned principle are exactly the opposite. The very suspension of some fundamental human rights and freedoms by governments is not a violation of international law, but an arbitrary method of government in this suspension, which is achieved in the form of non-compliance with the principles of proportionality and necessity and violates international law. In the case of expropriation of foreigners, it is not necessarily the confiscation itself that violates international law, but the arbitrary behavior of the government in enforcing the expropriation policy. And the suspension of human rights and freedoms, and the expropriation of property, without observing this principle, makes the government internationally responsible. The Due Process principle is ultimately a tool for achieving good governance, but good governance also requires subsidiaries and other tools that the rule of law, accountability and accountability of rulers, and transparency in decision-making and implementation are part of what happens with the Due Process principle. There are several overlaps.

Keywords

References

Franck. Thomas M,(1999), Democracy, legitimacy, and the Rule of law: linkages, public law and legal Theory working paper, New York university School of law.
Franck. Thomas M ,(1995), Fairness in international law and institutions, Oxford. Franck. Thomas M, (2008), On proportionality of counter - measures in international law, American Journal of international law, Vol.102.
ICJ. Reports ,(1989). Meron. Theodor, (2006), The Humanization of international law. Martinus Nijhoff publishers.
Sullivan .E.Thomas & Toni M.Massaro ,(2013) ,The Arc of Due process in American constitutional law, oxford.
White Jefferson & Dennis Patterson ,(1999), Introduction to the philosophy of law , Readings and cases, Oxford
Geography (Regional Planning)
Volume 12, Issue 47
May 2022
Pages 1123-1136

Files

Share

How to cite

Statistics