vahid salehi; Mohammad Hashemi; S.Ghasem Zamani
Abstract
The principle of the legal security is one of the important principles of the public law and the criteria of the rule of law.This principle which has been introduced from domestic law into international law is contains a range of guarantees and protections related to the right of fundamental human freedoms.Following ...
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The principle of the legal security is one of the important principles of the public law and the criteria of the rule of law.This principle which has been introduced from domestic law into international law is contains a range of guarantees and protections related to the right of fundamental human freedoms.Following the outbreak of domestic and international armed conflict in the 1990s in the former Yugoslavia and Rwanda, The UN Security Council called for an end to violence and the establishment of peace, security and justice in those territories and in the international arena, established ICTY& ICTR .The most important religious and protective aspect of legal security in the statutes and rules and regulations related to the mentioned courts is clearly evident in the forms of principles guaranteeing the quality of laws and principles protecting individual rights.How these courts play a role in establishing legal security is main issue of the present study. examining this principle and its criteria and analyzing the decisions and rulings of the mentioned courts in applying the sub- principles resulting from the category of legal security ,indicates the prominent role of these international judicial institutions in strengthening, developing and establishing the principle of legal security.
Morvarid Ahouri; Mohammad Hashemi; Maghsood Ranjbar
Abstract
The approach of liberal and Marxist thinkers, as the two dominant ideas in the twentieth century on freedom, shows their worldview on the issue of freedom and fundamental rights of individuals. The question is, which theories liberals and Marxists hold on the concept of freedom which was gained based ...
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The approach of liberal and Marxist thinkers, as the two dominant ideas in the twentieth century on freedom, shows their worldview on the issue of freedom and fundamental rights of individuals. The question is, which theories liberals and Marxists hold on the concept of freedom which was gained based on historical experience over the past century? Also, to what extent, are their views towards individual rights and freedoms of their citizens and recognition of these rights and freedoms in practice different from each other?! In Berlin's view, Liberals conception of freedom is negative as opposed to Marxists which is a positive conception. Having considered the historical experiences and Marxists and liberals’ views in the last century, it seems that what guarantees the free will and constitutional liberties of individuals is the negative conception of freedom while the positive conception of freedom could lead to denial of free will and ultimately tyranny. Therefore, the main purpose of this article is to study, compare and determine the status of freedom (especially the common interpretation such as negative freedom and positive freedom) in comparison with the principles and rules governing the two political ideas of liberalism and Marxism.
elham amiri; seied mohamad hashemi; vali rostami; bijan abbasi
Abstract
The issue of pension payments is a serious challenge for governments in today's world. As the main institution, which is faced with a large number of new pensioners every year, governments seek to create pension systems in line with the political-economic structure of the country. The pension payment ...
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The issue of pension payments is a serious challenge for governments in today's world. As the main institution, which is faced with a large number of new pensioners every year, governments seek to create pension systems in line with the political-economic structure of the country. The pension payment system in European-American countries is older than the domestic situation, and for this reason, in order to organize and reform the pension payment system in Iran, it is necessary to refer to successful cases in this regard. In this regard, Norway is one of the countries whose pension system has created the highest level of welfare for retirees, and this has led to a relatively high level of social satisfaction with the government. Compared to Norway, the pension system in Iran is facing many weaknesses and problems, so much so that this issue is named as the third major problem in the country. The defective structure of pensions in Iran is moving in the direction that providing pensions is one of the most important challenges of the government. It can be a way to model and reform the pension system in Iran.
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.
