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.
abbas Mirshekari; marzieh mokhtari; javad farahani
Abstract
The paper is trying to show on the existing potential of Articles 2nd and 3rd of Iranian Constitution as ones of basic principles for defining the issue of citizenship and in order to representing the capacity of above mentioned articles for forming construction of the system of citizenship rights – ...
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The paper is trying to show on the existing potential of Articles 2nd and 3rd of Iranian Constitution as ones of basic principles for defining the issue of citizenship and in order to representing the capacity of above mentioned articles for forming construction of the system of citizenship rights – encompassing general guaranties of recognition, improvement, protection and ensuring the rights and freedoms for every citizen. we examine if the theoretical model of citizenship cube and its doctrinal basis is applicable to explain and interpret the aforesaid articles and also, to comprehend some complex layers and dimensions thereof. According to the citizenship-oriented theories, one side of the cube is consisted from five elements of citizenship, i.e. civil and legal, social, political, virtue-related and identity-related aspects. The other side of the cube is composed from functional networks or, in other words, the geographical levels of citizenship including local, provincial, statistical, regional and universal levels. And the last side is shaped from educating citizenship capacities covering levels of knowledge and skill. It is to argue that some contents of the Articles can be creatively employed to propose citizenship cube and to provide the legal capacity for understanding the model within the Constitution.
