Obstacles to the Realization of the Civil Right to Protest Against Public Law Norms from the Perspective of Deliberative Democracy

Abstract

Civil protest against public law norms is one of the complex yet impactful factors influencing the governance of society in contemporary times, requiring consideration of citizens' needs on one hand and the legal considerations of the political system on the other. In this regard, addressing the obstacles to the realization of the civil right to protest against public law norms in general and proposing solutions for its realization in light of Iran's domestic laws can foster a balance between civil protest rights and public law norms. This study aims to answer the question: What are the obstacles to the realization of the civil right to protest against public law norms, utilizing the perspective of deliberative democracy? The results show that while public law norms are essential for the governance of a society, they must evolve in response to the changing needs of citizens, adjustments in the formulation and drafting of regulations and laws, and the creation of conditions for the influence and participation of citizens in the laws governing society. Specifically, regarding Iranian society, it can be stated that utilizing the constitutional framework and the discourse of the Islamic Revolution to recognize fundamental rights and freedoms as foundational discourse principles, alongside implementing the Citizen's Charter based on citizens' actual demands, plays a significant role in the peaceful realization of the civil right to protest, without the exclusion or fundamental transformation of public law norms. The descriptive-analytical method and the theoretical framework of deliberative democracy are used in this study.