Public Law
Mojtaba Ghasemi; Hasan Johari
Abstract
The ineffectiveness of laws and regulations related to the governance and administration the Social Security Organization and the National Pension Fund is one of the most important causes of the pension crisis in Iran. These laws and regulations have changed the state from a regulator to an interventionist. ...
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The ineffectiveness of laws and regulations related to the governance and administration the Social Security Organization and the National Pension Fund is one of the most important causes of the pension crisis in Iran. These laws and regulations have changed the state from a regulator to an interventionist. The dominance of the state and no recognition of any role for beneficiaries have aggravated the agency problem rooted in the separation of ownership from management. This problem in pension funds appears in a political form in addition to the traditional one. In addition, a lack of transparency and accountability has motivated appointed managers to pursue their personal and political interests rather than beneficiaries'. From the perspective of corporate governance, solving agency problem in pension funds requires strengthening transparency, accountability, and responsibility for managers. Therefore, it is necessary to reform laws and regulations to give more room to the stakeholders in the administration of pension funds. This paper purports to evaluate corporate governance in Iranian pension funds to highlight the existing shortcomings
Mohammad Jalali; Saeed Barkhordari
Abstract
The Prosecution is one of the most important public institutions in the realization of the rule of law and the protector of political rights and freedoms. However, there is no theoretical basis or practical practice regarding the position of this institution among the three powers. Affected by the legal ...
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The Prosecution is one of the most important public institutions in the realization of the rule of law and the protector of political rights and freedoms. However, there is no theoretical basis or practical practice regarding the position of this institution among the three powers. Affected by the legal structure and historical and political issues of each country, four factors have been influential in the formation of the position of the Prosecutor's Office: the executive structure; the structure of the judiciary; the independent prosecution; and the elected prosecution, which makes it impossible to introduce a desirable and ideal model for all systems. However, this paper will attempt to examine the four factors and concerns about the prosecution's position among the three powers. These factors include: the independence of the prosecutor's office; the separation of the Prosecution and Adjudication; and the need for prosecution policy-making and accountability. For the desirable position of the prosecution among the powers, it is necessary to strike a balance among these four concerns and effective factors in accordance with the political situation and the historical context of the formation of powers in any legal system.
Aِli Asghar Pourezzat; Ghazaleh Taheri Attar
Volume 8, Issue 21 , December 2006, , Pages 79-119
Abstract
Today’s world situation is the result of various historical incidents.
During these accidents and changes, some civilizations manifest, grow
and collapse. The study and analysis of the effecting factors on
stability or disintegration of a civilization could be serving as an
example for the ...
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Today’s world situation is the result of various historical incidents.
During these accidents and changes, some civilizations manifest, grow
and collapse. The study and analysis of the effecting factors on
stability or disintegration of a civilization could be serving as an
example for the existing civilization and developing societies very
much. The Iranian civilization is one of the oldest and most effective
civilizations in the history of mankind, and Iran land as the cradle of
this civilization, has experienced many governments and dynasties.
Some of them have declined and finally collapsed for unknown
reasons while they had pride, glory, and a high level of political and
economical power; like Achaemenian, Sasani, Ashkabni, Safavi, and
etc.
Achaemenian Empire with a background of 230 years governing on
the world was declined by a young, low experienced, ambitious army
general. Establishing this Empire which involved different and
various races, languages and cultures, was a big revolution in the
world history of governance. The world for the first time enjoyed a
united and centralized government. It was only Roman Empire that
could compete with it years later. The main question of this study is
that how an empire and civilization with this level of power, glory and
domination gradually collapsed from inside. It seems that many
reasons involve in the decline and collapse of a civilization, or its
survival and stability. In this study it was assumed that some factors
such as justice, responsibility, freedom and national identity lead to
stability. On the other hand, factors like despotism, narcissism, and
discrimination cause acceleration in civilizations' collapse. The study
of historical evidences confirms the hypothesis that injustice is one of
the most important factors which cause internal collapse, and
intelligence level decline in these governments.