hamidreza moghaddasin; Ali Akbar Gorji Azazndariani
Abstract
One of the requirement of a democratic society is that any governing body arising from the people and authorities must be accountable to the people or their representatives for their conducts. Therefore, the president, as the political official responsible over the government, namely as the ...
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One of the requirement of a democratic society is that any governing body arising from the people and authorities must be accountable to the people or their representatives for their conducts. Therefore, the president, as the political official responsible over the government, namely as the management of the Executive Power and the administration of executive affairs of the country must be accountable to the Islamic Consultative Assembly of Iran. The Constitution has implemented certain procedures for the accountability of the president, for instance, interpellation and vote of incompetence. To explain this, the Constitution is permitting the Islamic Consultative Assembly to investigate the executive incompetence of the President, namely the Continuity and durability of his management capabilities and prudence. In this study, three main sources are used to take a closer look at the incompetency of a President including the transcripts of the discussions held in the Assembly of Final Investigation of the Constitution; Council for Revision of the Constitution; and the negotiations on the political incompetence of the first President of Iran.
ariyan ghassemi; aliakbar gorji; sayed mohammad sadegh Ahmadi
Abstract
The right to freedom of assembly is one of the civil liberties that can function collectively. This right recognized as a human right, has played a significant role in the various protest rallies in the various historical periods, especially in recent years. Therefore, the study of the functions of the ...
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The right to freedom of assembly is one of the civil liberties that can function collectively. This right recognized as a human right, has played a significant role in the various protest rallies in the various historical periods, especially in recent years. Therefore, the study of the functions of the right is important. It seems that the function of this right can be assessed in the safeguarding of other rights and freedoms and the participation of citizens. The present study shows that the right, as well as other types of group liberties, is a guarantee of individual rights and group freedoms on the basis of protector. On the other hand, this right is based on a participatory basis as a way of contributing to the determination of destiny and the basis for political development and the spread of democracy and is effective through the two functions mentioned in the relationships between government and citizens.
Reza Najafi; Aliakbar Gorji; Ali Taghizadeh
Abstract
The high role of the judicial interpretation in the legal system is not overlooked. This research attempts to find the approach of interpretation that Supreme Court obtains in the role and supervisory position of judiciary in interpretation procedure. Yet the problem is how the approach and the interpretative ...
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The high role of the judicial interpretation in the legal system is not overlooked. This research attempts to find the approach of interpretation that Supreme Court obtains in the role and supervisory position of judiciary in interpretation procedure. Yet the problem is how the approach and the interpretative method of the Supreme Court can lead to adjudication or hostility. According to the importance of the unity of interpretation and position of the precedent of the Supreme Court in judicial system, it seems that the Supreme Court has not been effective in interpretation and protecting rights and freedoms. The precedent of the Supreme Court shows that legal formalism and reliance on textualism and literal interpretation of the approach have not been completely dominant and prevalent by the Court and dynamic interpretation in some cases in line with the conditions of cases has been regarded by the Supreme Court. It is important to note that whenever the Court made use of such dynamic and purposeful interpretations, the results lead to adjudication.
Abstract
The concept of power has always been controversial and disputed between political thinkers and philosophers. Modern paradigm of power has taken shape around the idea of Hobbes where power is based on the concept of sovereignty and understanding in relation to the government. This concept of power has ...
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The concept of power has always been controversial and disputed between political thinkers and philosophers. Modern paradigm of power has taken shape around the idea of Hobbes where power is based on the concept of sovereignty and understanding in relation to the government. This concept of power has been persisted in the views of other scientists in this field. In postmodernism, new paradigm of this concept was developed by Foucault's ideas about power. From this perspective, power is not concentrated in the hands of the government but is plural in society and does not operate negatively, instead it has a positive, productive, and ultimately shapes the identity of human subjects. Two issues of power and public order are related in modern legal and political thought and their connection in the relationship between State and society can be understood clearly. In the postmodern condition, perception and understanding of society and government has changed and work order in such a society, unity and equality in a nation-State is not monolithic, but rather post-modern social order is based on the principle of difference and specificity of individuals and groups. The present paper after the introduction of postmodernism has tried in light of it to explain the concept of power and public order which are the foundations of public law. 1.
Abstract
In this article, we attempt to study a variety of genuine ombudsman institutions at the national level and the institutions which are classified under the general title "quasi-ombudsman" or "ombudsman-like". The reason behind the diversity and complexity of these institutions around the world lies at ...
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In this article, we attempt to study a variety of genuine ombudsman institutions at the national level and the institutions which are classified under the general title "quasi-ombudsman" or "ombudsman-like". The reason behind the diversity and complexity of these institutions around the world lies at this point that the idea of ombudsman in dealing and interacting with different cultures has been faced with many ups and downs and because of its great flexibility, it has adapted itself with the requirements of every society and has taken different yet sometimes contradictory forms. To reach our goal, that is, to achieve a correct and expurgated concept of the notion of ombudsman and after studying different types of ombudsman institutions, the article concludes that the independent Ombudsman institutions which are supported by the Constitution or law and their officials appointed or removed by specific majorities are the Genuine Ombudsman Institutions. In other words, Classical and Hybrid Ombudsman Institutions could be regarded as Genuine Institutions.
Ali Akbar Gorji Azandaryani; Farzin Ghahramanzadeh Nimgazi
Abstract
Successful performance for political systems depends to existence of an
efficient administration. In this regard, bureaucracy, from the late nineteenth
century until the 1980s was considered as the exclusive system for efficiency.
However, this system, especially in the welfare states period, following ...
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Successful performance for political systems depends to existence of an
efficient administration. In this regard, bureaucracy, from the late nineteenth
century until the 1980s was considered as the exclusive system for efficiency.
However, this system, especially in the welfare states period, following the
expansion of administrative apparatus of the governments, was seen as
inconsistent with the values of democracy by forming an independent authority
from society and democratic institutions. This fact has led to the theoretical and
practical efforts to reform and democratization of administration in the context
of the democratic systems. Therefore, various theories and methods have been
proposed for reforms; such as representative bureaucracy; political
appointments and the use of administrative procedures. In addition, methods
and techniques presented in the years after 1980 in the context of “new public
management" for efficiency and effectiveness and frugality; can be considered in
line with the reduction of bureaucratic authoritarianism. Methods that have
reduced the size of bureaucracy and have also facilitated the accountability
