خلاصة:
In the new world, with the advancement of science and industry, humans have achieved a desirable level of comfort. However, the cost of obtaining this comfort has been the loss of peace in the living environment. The world is losing its former security amidst the clamor of technology and the rapid changes resulting from it, and subsequently, legislators are seeking to enact laws that secure public interests against these risks. The principle of precaution is born of this need and has been used in laws as an independent principle for almost five decades. Although our laws contain foundations such as the 'No Harm' rule (La Darar) and the rational-religious rule of precaution that can fill the vacuum caused by the absence of the principle of precaution to a large extent, the legalization of the principle of precaution can create a positive psychological wave and, by replacing compensatory responsibility with preventive responsibility, empower the legislator to enact protective environmental laws. In this article, we have attempted to find the similarities and differences by comparing the jurisprudential and Western principles of precaution and to assess the feasibility of establishing the principle of precaution based on the jurisprudential-legal foundations of our country. It seems that since many enacted regulations in Iran fall within the 'region of legal vacuum' (shari'a vacuum), it is better, in line with the protection of the environment and mankind, to accept the principle of precaution as a rational principle, in the shadow of the rules of precaution and 'no harm', and to clothe it in the garment of law.
ملخص الجهاز:
Examining Precaution in its Jurisprudential Meaning as an Environmental Precautionary Principle Hamed Khubyari *1 Date of Receipt: 2019/01/13 Date of Acceptance: 2019/03/31 Abstract In the new world, with the advancement of science and industry, humans have achieved a desirable degree of comfort.
Although in our laws there are foundations such as the rule of "no harm" (La Darar) and the rational-religious rule of precaution that can to a large extent fill the vacuum resulting from the absence of the precautionary principle, the legalization of the precautionary principle can create a positive psychological wave and, by replacing compensatory responsibility with preventive responsibility, empower the legislator in enacting environmental protection laws.
com Let us protect the environment and mankind by accepting the precautionary principle as a rational principle, in the shadow of the rules of precaution and "no harm" (La Darar), and by clothing it in the garment of law.
2- 2 The precautionary principle in national documents Article 50 of the Constitution stipulates: "In the Islamic Republic, the protection of the environment, in which the current and future generations must have a flourishing social life, is considered a public duty.
It seems that by citing the La-Darar rule, we can approach the principle of precaution and allow the legislator to enact preventive laws in the direction of securing collective interests and protecting the environment, and to consider the enforcement guarantee for violating those laws as a matter of public liability or a fine.
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