Mahdi Rezaei; mohsen ghaemi khargh
Abstract
Right is a meaningful, logical, and justifiable claim in the human realm, with the attribute of merit and the avoidance of the attribute of virtue, based on human dignity and honor. This concept, like a sword in the bottom of a drunken bell, is the basis for the rebirth of the state or the traditional ...
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Right is a meaningful, logical, and justifiable claim in the human realm, with the attribute of merit and the avoidance of the attribute of virtue, based on human dignity and honor. This concept, like a sword in the bottom of a drunken bell, is the basis for the rebirth of the state or the traditional order. In contrast, Etzali theology, contrary to the Kharijite or Ash'arite approach, while disturbing and struggling, has the concept of the right that the catalyst will be for the realization of the traditional order of the state and the advance towards the modern state. The proposed subject, without having a background and literature in pre-written writings, based on library studies and descriptive-analytical approach, to understand the form of right in the Etzali approach and its impact (as it is) on formation The modern State. This notion of Right, without regard to the modern state as a secondary and imposed nature, provides an epistemological basis for the formation of the modern state. This meaning, along with the divergence of Islam from the modern state in territorial dimensions, power-orientation and manifestations such as servitude, has considered the separation of the public sphere from the private sphere.
mahdi rezaei; mahdi rezvani
Abstract
Public policy-making is considered as the most important manifestation of government’s ruling, exertion of authority and arrangement of public affairs based on the “rule of law”. Public policy-making cycle, from think tank and policy-making to assessment and supervision is formed in ...
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Public policy-making is considered as the most important manifestation of government’s ruling, exertion of authority and arrangement of public affairs based on the “rule of law”. Public policy-making cycle, from think tank and policy-making to assessment and supervision is formed in relation to basic/fundamental rights and therefore, under the influence of the legal and political system, its position and function would be different. In the Iranian legal system, the concept of “general policies of the system” has legal and political affinity/relationship with public policy-making. However, as the result of the existing legal vacuum, its position and function is questionable and accordingly strategies and solutions implied in the process of public policy-making cannot be utilized in assessment and supervision of general policies of the system. Hence, in order to utilize the capacity and capability of “public policy-making” within “general policies” concept in the structure of basic/fundamental rights system in Iran, this legal establishment shall be placed in the procedure of Constitutionalisation in two different but coordinated courses by separating minor and major departments. Therefore in the process of localization, this concept is redefined based on Iranian legal system.
mahdi rezaei; nima khosravi
Abstract
The main idea of this article is that in contemporary legal thinking, the duty to give reasons has become an inseparable part of Rule of Law. However, it should be asked that how the Rule of Law can be understood as constituting the “Rule of Reasons” principle? The very notion of this article ...
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The main idea of this article is that in contemporary legal thinking, the duty to give reasons has become an inseparable part of Rule of Law. However, it should be asked that how the Rule of Law can be understood as constituting the “Rule of Reasons” principle? The very notion of this article is the bond relationship between principles of duty to give reasons and Rule of Law. Contributors to this paper claim that giving reasons uphold procedural and substantive conceptions of Rule of Law. Giving reasons is the necessary part of the procedural notion since this notion requires that all the state acts must be done in a predictable and consistent way which justifies them by reasons. Also, giving reasons can serve the central part of substantive notion of Rule of Law: the main aim of this conception is to ensure certain fair goals and requiring public officials to give reasons ensures fair conduct toward citizens. As conceptualizing this relationship, in order to reach a contextual evaluation of Rule of Law, theoretical frameworks of it shall pay more attention to duty to give reasons.
mahdi rezaei; Mahdi Mahdavi Zahed; Mahdi Moradi Berelian
Abstract
Eminent Domain is the legal term describing the government's right to take private property, without the owner’s consent, to provide some benefit to the public use, but the power of eminent domain and the classic freedom stemming from property rights are fundamentally opposed. So the power may ...
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Eminent Domain is the legal term describing the government's right to take private property, without the owner’s consent, to provide some benefit to the public use, but the power of eminent domain and the classic freedom stemming from property rights are fundamentally opposed. So the power may be invoked only for a public purpose, but what constitutes public purpose is wide open to interpretation and use. This article interprets the “public use” clause & presents narrow & broad definition of public use within eminent domain law through a case study the U.S. Supreme Court’s decision in Kelo v. City of New London and decisions in several other important cases are problematic. The article concludes that the theory of public use based on secret purchases and private influence provides a socially desirable, administrable, and constitutional mechanism for distinguishing between public and private uses and reforming the law of eminent domain. v,kni
mahdi rezaei
Abstract
There are changes in the roles and missions of the government in administration of society affairs, has changed budgeting and financial management systems of government. Increase "economics", "efficiency" and "effectiveness" of the budget, the allocation of resources through a focus on measurable objectives, ...
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There are changes in the roles and missions of the government in administration of society affairs, has changed budgeting and financial management systems of government. Increase "economics", "efficiency" and "effectiveness" of the budget, the allocation of resources through a focus on measurable objectives, increasing accountability of the authorities to grant more freedom such as special features of performance budgeting compared to other methods of budgeting that has persuaded the governments for planning to establish such a manner.The existence of a comprehensive budget law, the definition and act of the objectives and activities of the executive organizations by the legislature with the approval of the rule of law, applying the audit system base on performance by regulatory authorities, the authority to the legislature and government accountability, including the legal basis for the establishment of the performance budget. Despite the structural and legal problems in the country, none of these elements are not fully funded that in this study, it focus on the most basic legal requirements of the budget.Key words: performance budgeting, economics, efficiency, effectiveness , fiscal accountability of government
mahdi rezaii
Abstract
Research about the budget in Iran has a long history. In this research, we will explain components of the outside-systematic approach to the legal budget system and the obstacles to its reform in Iran with regard to the institutional analysis. This research achievement, regardless of the introduction ...
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Research about the budget in Iran has a long history. In this research, we will explain components of the outside-systematic approach to the legal budget system and the obstacles to its reform in Iran with regard to the institutional analysis. This research achievement, regardless of the introduction of a new approach in the field of public finance law, is the expression of neccessities, principles and strategies for reformation of budget legal system in Iran. The most important result of this Study is that the budget legal system in Iran is shaped In the light of informal institutions; and although after the Constitutional Revolution a series of laws and regulations were enacted in this field, but procedures related to governance, the structure of the government and related organizations have contributed to extending the looting system, threatening the private property, lack of enough attention to the development means and good governance in Iran. Therefore, without reforming the government institution and change in the state’s decision making process and allocating the resources, the previous unfavorable situation will continue. Accordingly, the budget legal system’s revision depends on constitutional law and the administrative system reform
mehdi rezaei; hamed babazadeh moghadam
Volume 15, Issue 42 , January 2015, , Pages 43-82
Abstract
AbstractNowadays, internet has a pivotal role in supporting the right for freedom ofexpression; by removing the restrictions of publication, search, and access toinformation, it has prepared the ground for the application of this fundamentalright. This new communication tool, like all other social topics, ...
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AbstractNowadays, internet has a pivotal role in supporting the right for freedom ofexpression; by removing the restrictions of publication, search, and access toinformation, it has prepared the ground for the application of this fundamentalright. This new communication tool, like all other social topics, requireorganization through development of enforceable rules and regulations.Undoubtedly, to become effective process, it requires a true knowledge of thespecific characteristics of this media and new communication tools within thecontext of the society. In this essay– considering the current state of the internetand the possible changes that may occur in the short-term and regional andinternational experiences (UNESCO and European Council) – we attempted toidentify and introduce some principles for the codification of internet laws andregulations. It seems that these principles must be regarded in policy making.
Mehdi Rezaei; Mohammad Mehdi khosravi
Volume 15, Issue 39 , July 2013, , Pages 9-34
Abstract
Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be ...
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Epistemic-Ontological view although not codified in a separate field on legal propositions which states normative statement is one of the important issue, discussed in philosophy of law in both Islamic legal and western legal philosophy. On this basis, The outcome of islamic and western views can be analayzed in realistic and unrealistic school, of which the second is refered to as unrealistic and the other as well as some of Islamic philosophers as a realistic school which ratiocinates islamic legal system and leads to its choice as an reasonable legal system.The article summarizes the main thought and criticisms of western and second islamic philosophers concerning unrealistic school and then gives a detailed overview of realistic idea which its goal is to prove that all normative legal propositions base on actual and necessary causality
