Document Type : Original Article

Authors

• Seyed Mohamad Mahdi Ghamami ¹
• Reza Ehsani ²

¹ Faculty member of Imam Sadegh (AS) University, Tehran, Iran.

² PhD Student of Public Law, Imam Sadegh (AS) University, Tehran, Iran

Abstract

Observance and protection of civil rights along with human rights is one of the most important duties of the government, which is specified in paragraphs (7), (8), (12) and (14) of Article 3 of the Constitution. These duties are distributed among the three powers according to the powers of each, but in the meantime the President, according to the oath mentioned in Article (121) of the Constitution and declares that "the freedom and dignity of persons and rights that the law "It is well-known for the nation to support me." One of the legal tools for identifying and establishing citizenship rights is to include the provisions of citizenship rights in legal documents. The issuance of the Charter of Citizenship Rights in December 2016 by the President of the Republic in the Eleventh Government provoked discussions on the competence of the executive branch and the position of the President in the field of formulating and communicating citizenship rights in legal circles. Apart from examining the "nature" of the provisions of the Charter of Citizenship, the present article seeks to answer the question by descriptive-analytical method, taking into account Articles (58), (156) and (158) that "the competent authority "From the perspective of the constitution and the principles of public law, what is the institution for drafting the Charter of Citizenship Rights?" After stating and assessing the reasons of each of the parties to this legal dispute, at the end, suggestions in this regard are presented.

Keywords

• Charter of Citizenship Rights
• Jurisdiction
• President
• Public Rights
• Legitimate Freedoms