تاثیر تصمیمات گزینشی مقامات اداری در حق بر آزادی اجتماعات در راستای حقوق شهروندی

Abstract

This article aims to investigate the impact of selective decisions of administrative authorities on the right to freedom of assembly in line with citizenship rights, using an analytical-descriptive method. The results show that the government, as the main pillar of administrative authorities, in many cases applies selective decisions contrary to Article 27 of the Constitution of the Islamic Republic of Iran, which adversely affects the right to freedom of assembly and violates this vital right of citizens and subjects of human rights. The exercise of sovereignty by governments cannot serve as a tool for the personal discretion of agents and administrative authorities. Although, according to Article 27 of the Constitution, these restrictions must be applied in cases of carrying weapons or disrupting the fundamentals of Islam, by a favorable interpretation, administrative authorities—contrary to the progressive principles of the Constitution—consider other conditions, such as limiting the freedom of assemblies and groups to specific parties, associations, and the like, which is a matter of considerable concern.