Public Law
atefeh Moradi Eslami; Mohammad Javad Javid
Abstract
While the principle of "certainty" and "legal security" are known as principles of modern legislation; During the transition to the digital age and post-modernism, due to the necessity of rapid socio-economic developments based on technological progress, the principle of uncertainty, innovation and flexibility ...
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While the principle of "certainty" and "legal security" are known as principles of modern legislation; During the transition to the digital age and post-modernism, due to the necessity of rapid socio-economic developments based on technological progress, the principle of uncertainty, innovation and flexibility is adopted in some international legal documents. It is not an exaggeration to say that legal systems in the postmodern era are redefining the rule of law in the context of institutional dynamics and basic technological developments. In the meantime, the Deleuze school of philosophy deals with the function of law in the new era by proposing the assemblege theory with creative and critical approach and presents a dynamic analysis of the philosophy of law. The present article focuses on the epistemology and sociology of this theory in the eyes of three experts of the totalitarian school, namely Gilles Deleuze, Guattari and Manuel Delanda, and deals with the feasibility of understanding institutional dynamics in the rule of law process.
Mohammad Javad Javid; Nasirollah Hasanlou
Abstract
"Civil disobedience" as a form of protest in socio-political activities is the act of deliberately violating a valid law for moral protest against the government. The justification of this socio-political idea has seen ups and downs in parallel with the emergence of widespread protest movements against ...
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"Civil disobedience" as a form of protest in socio-political activities is the act of deliberately violating a valid law for moral protest against the government. The justification of this socio-political idea has seen ups and downs in parallel with the emergence of widespread protest movements against governments in the Western world. One of the concerns of accepting this idea in religious government is philosophical justification based on the existence of a moral and political obligation to "obey the law" in law-abiding religious governments. Borrowing from the posed subjects in the legal and political literature of the West about the two mentioned doctrines, this article deals with the feasibility of combining civil disobedience and the rule of law in religious governments. The result is to prove the possibility of establishing a relative interaction between these two doctrines and accepting the degree of civil disobedience and the rule of law in religious government by separating the formal and substantive analyses of the rule of law. The research method of this writing is descriptive-analytical.
Sajad Afshar
Abstract
Because of linguistic ambiguity, silence, contradiction of contents and executive or moral issues, the interpretation of legal texts becomes inevitable. Traditionally, statutory and constitutional theories of interpreting are appeared in two forms: writer- based and interpreter- based. Despite their ...
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Because of linguistic ambiguity, silence, contradiction of contents and executive or moral issues, the interpretation of legal texts becomes inevitable. Traditionally, statutory and constitutional theories of interpreting are appeared in two forms: writer- based and interpreter- based. Despite their advantages, these approaches suffer from problems preventing them to be the exclusive theory of legal interpretation in Iran.
On the other hand, the third approach – Textualism- can be considered as the most complete theory in interpreting the Constitution and statutes. Textualism considers legal systems as self- complete entity, and is compatible with the results of linguistic analysis of law. This approach seeks to find the answer of legal questions from legal texts, not meta- legal standards. Textualist reading of Principle 73 of I.R.I.’s Constitution and Guardian Councils’ interpretation implies that interpreters are allowed to have their own interpretation of legal texts which are valid, until the modification of the law or rendering a formal interpretation.
vajihe mohseni; seied mohamad hashemi; Mohammad Javad Javid; Bijan Abbasi
Abstract
Right of access to information is one of the fundamental principles of democratic governments and the most important example of the first generation of human rights that guarantees the citizenship rights. The human rights, as the basic rights, are a fundamental obligation and commitment the legitimacy ...
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Right of access to information is one of the fundamental principles of democratic governments and the most important example of the first generation of human rights that guarantees the citizenship rights. The human rights, as the basic rights, are a fundamental obligation and commitment the legitimacy of which isnot subject to stipulation in the constitution. However, the citizenship rights can only be realized under the prescriptive duty that an obligation exists along with any right for the citizen. With the rapid expansion of social networks, identifying and guaranteeing the right has become one of the most important examples of the realization of citizenship rights in the legal system of Iran. Despite the adoption of the law on freedom of publication and access to information adopted in 2009, no specific executive guarantee has been contemplated. Weaknesses such as ambiguity and shortcomings in definitions and concepts, lack of the formation of a commission under article 18 of the mentioned law are factors of non-fulfillment of the right. The main question is what are the principles governing the regulation of the Iranian legal system in the area of the right of access to information and how do they affect the realization of citizenship rights? The main hypothesis is that knowledge about the capacity of the Iranian legal system in the area of the right of access to information can be effective on citizenship rights.
