1
Member of Faculty of Law, Shahid Beheshti University
2
Master of Public Law
Abstract
One of the main functions for public law as a shaper for political, economic, social and cultural structure in any given country is to ensure individuals’ rights and fundamental and public freedoms. In some cases, the presented interpretation of fundamental rights is in accordance with ensuring fundamental rights for the majority of people in a society; that is, fundamental rights are to support and defend the idea of the majority in the society in running the society and legislations which affect the society. It appears that this case could be mostly observed in parliamentary systems. However, it seems that this form of interpretation from this aspect of fundamental rights was acceptable and functional until late twentieth century and these forms of interpretation could not be fulfilled in the last decade of the twentieth century. According to public law scholars in the new era, although fundamental rights are to support and defend the idea of the majority in the society in running the society and legislations, it has to prevent the majority from overrunning the rights of the minority in the society; that is, it has to support the rights of the minority, as well. Hence, its realm includes supporting and defending the fundamental rights of not only the majority, but also the minority in a society. In other words, it equally supports and defends all individuals fundamental rights, both majority and minority. In fact, it supports the political equality for all individuals and does not safeguard the public interest, only.