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.
Parham Mehraram; Godarz Eftekhar
Abstract
Public law as a discipline of legal science which considers public matters –in confront with private matter, is established in ancient Rome and influenced deeply the European history. In the first step, its basic concepts, such as Imperium and Jurisdictio, and its outlook toward the relation of ...
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Public law as a discipline of legal science which considers public matters –in confront with private matter, is established in ancient Rome and influenced deeply the European history. In the first step, its basic concepts, such as Imperium and Jurisdictio, and its outlook toward the relation of power and law, gave way to the concept of sovereignty as a monopoly of approving, changing and abolishing of statutes. It leads to the establishment of authoritative governments. In the second step, it provides the proponents of absolutism with legal arguments against their traditional and new rivals. At the end, it were the constitutionalists who promote Roman law with some principle of roman private and corporate law and reinterpretation of old concepts in shadow of new needs of era to apply them against their oponents. Finally, these disputes resulted in our understanding of modern state and representation and Roman law, despite to its flexibility, leaved its lasting impression, i. e. formulation of political conflicts in the legal language.
Abstract
The rule of law meaning to limitation of arbitrary power and conservation of fundamental individual rights and freedoms , is one of the democracy foundations. The Rule of law in international level is instrument for preservation of international peace and promotion of human rights. In attention to structure ...
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The rule of law meaning to limitation of arbitrary power and conservation of fundamental individual rights and freedoms , is one of the democracy foundations. The Rule of law in international level is instrument for preservation of international peace and promotion of human rights. In attention to structure and realities of international community , apply of rule of law differently in international level, therefore elements of rule of law such as determinacy , generality , clarity , stability, equality before the law and … must explain differently in international community. In addition to , horizontal structure and absence of compulsory jurisdiction and judicial review for the courts , don’t allow a regime based on the constitution. In this thesis , authors in the one hand explain to position of rule of law in international level and the other review of present challenges for the conservation and promotion of rule of law in international system
