چکیده:
The Social Rule of Law is a type of the rule of law, originating from the tradition of social democracy. The research aims to examine the evolution of the rule of law into a socially-oriented model, focusing on its principles, goals, and structure. Key research questions address the essence, goals, and functions of the Social Rule of Law. The research uses a descriptive method and the data collection tool is library. Hermann Heller, as the founder of the concept, argues that democratic-based approach allows for the harmonization of the rule of law with social orientation, showing similarities between the Social Rule of Law and the Liberal Rule of Law. The findings of the research show that the Social Rule of Law reconfigures the private sphere in order to safeguard the social rights of citizens, eliminating social oppression within civil society. Its primary functions include monitoring private relationships between citizens and ensuring social security through the involvement and control of the government. The critical requirements for this system include expanding the executive, strengthening social legislation, ensuring substantive equality, and increasing the powers of the judiciary and parliament to deal with social rights.
خلاصه ماشینی:
The research findings indicate that the social rule of law state is a state that engages in reconstructing the private sphere in order to realize the social rights of citizens, and the rejection of social autarky in civil society shapes its primary goal.
It seems that the social rule of law state is a state that inherently emphasizes social rights and equality, and the removal of social and economic inequality is considered its goal, while ensuring collective welfare for citizens is considered its function.
The modern state was designed based on the rule of law, the separation of the private and public spheres, and the protection of individual rights and freedoms (Afzali, 1399: p.
In Smith's view, the state is only obligated to establish judicial institutions, ensure the security of society, and perform public affairs such as facilitating trade and road construction, which are not within the capability of private individuals, and it has no responsibility regarding welfare (Levin and Caporaso, 1398: 73-74).
Locke's narrative of the connection between property and entry into the public sphere represented the dominance of private property in liberal society, and despite social dominance, political and legal equality could not fulfill the goal of individual autonomy.
Before the peak of the labor movement, Saint-Simon, in his critique of Smith, considered property rights not as a natural right but as a human artificial right that had to be limited for the welfare of society, and the state would intervene in the process of wealth distribution to guarantee the labor and social rights of citizens (Kamalizadeh, 1398: 263-264).
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