right to persuasion; A perspective from the perspective of comparative jurisprudence and citizenship rights

Document Type : Research Paper

Authors

1 Ph.D of Department of Public and International Law, Faculty of Law and Political Sciences, Allameh Tabatabai University

2 PhD in Public Law, Department of Public Law, Islamic Azad University, Sirjan Branch

10.22034/law.2023.57479.3295

Abstract

The converging and divergent duality of "legitimacy" and "acceptance of the social context" makes the judicial and legal obligation or at least the moral obligation based on some kind of internal justification or persuasion to perform the right action. In fact, acting on the basis of valid reasons is something other than external coercion or fear of legal punishments and social pressure in the implementation of governance programs and approaches, and in the meantime, it is a right for the citizens and a duty for the government. It divides. Based on this, this descriptive-analytical writing based on library studies deals with the establishment of the foundations and evidences of this right in public law, as a sovereign right and a prelude to the formation of duties in relation to the government and citizens. This right is a higher category than the right to access information, and as a consequentialist right, it can base the binding of laws on something other than coercive power and based on soft power; As persuasiveness, in the application of interpretive principles such as innocence and companionship in the domain of governance (as opposed to the individual and religious domain), as a limiting principle, regulates the rank and scope of the application of verbal and practical principles. In addition, the right to persuasion can prove and justify the objective efficiency of the government in the analytical mindset of public opinion.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 20 December 2023

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