نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Ensuring the enjoyment of the right to a healthy environment is one of the important issues of the legal system. In Imamiyyah jurisprudence, despite the existence of numerous moral and duty-based foundations, explaining the “claimable right” for citizens against environmental polluters requires a systematic rereading of jurisprudential rules. This research, using a descriptive-analytical method, seeks to answer the question of which jurisprudential rules have the capacity to guarantee the “right to a healthy environment”? The findings show that several jurisprudential rules play a fundamental role in this regard: the rule of “no harm”, the rule of “Itlaf” (by expanding the concept of “property” to public environmental interests), the rule of “hisbah” (as a general supervisory and judicial institution), and the rule of guarantee are among the most important of them. Together, these rules create a harmonious system. The principle of non-harm proves the principle of preventing harm and places the responsibility for eliminating existing pollution on the government and the polluter; the principle of guarantee provides a basis for compensation for material and moral damages; the institution of hisbah guarantees the possibility of filing a public lawsuit by any citizen or public organizations. The basic hypothesis of this article in response to the main question is that in jurisprudence, there is an appropriate capacity to guarantee the right to a healthy environment as a claimable and binding right, and the aforementioned rules can also be directly invoked in judicial practice.
کلیدواژهها English