Conscription: Rule of Law and Citizenship Rights

Given the role of rule of law in implantation of civil rights in different aspects of social life, this research would study pros and cons of mandatory military service. This paper adopts an analytical interpretative approach to the functional system of law. It is looking after a brief notation on the theory of rule of law, seeking to answer the questions as to what the legitimacy of Iran's system of conscription and strengths and weaknesses of this system compared to the culture of rule of law in Iran are. Findings: Inclusive nature of mandatory military service which covers all sons is an effective element in penetration of rule of law. Equal treatments whit all Iranian young man, regardless of their ethnic origins, social background, education and etc… has a constructive role in deeping the idea of citizen’s equality under the law. Should bear in mind some wrong procedures can lead to violation of civil rights of soldier. The complete implementation of law, emphasizing on this fact that soldier is a citizen along with education of rights and responsibilities, especially the constitution will to consolidation of soldier’s civil rights and the rights in society in general.