Roohollah Makarem; Hadi Tahan Nazif
Abstract
Increase in Legislation leads to inflation of laws. Certainly, this problem causes inefficiency of laws. So, codification seems to be necessary. Despite 110 years of history of legislation in Iran, the first act of codification was enacted about 60 years ago. The legislative power should be the main ...
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Increase in Legislation leads to inflation of laws. Certainly, this problem causes inefficiency of laws. So, codification seems to be necessary. Despite 110 years of history of legislation in Iran, the first act of codification was enacted about 60 years ago. The legislative power should be the main legal entity that is responsible for codification. By the way, there are other legal entities –such as of the Vice Presidency for Legal Affairs - that prepares the process of codification. This deputy has published its codified laws in various forms like books, sites and applications. In this paper we tried to evaluate this collection, using the analytical-descriptive method. In conclusion, we saw two kinds of problems in this case: implementation problems and theoretical problems. Between these dual problems, implementation problems contribute more. In another way, this office is a few steps ahead of other similar institutions. Also, it has been able to apply the principles of codification equally to all laws.
Abstract
This paper explains the status of jurisprudence and legislation as the main sources of law in common law and written law traditions. It is argued that lawyers’ attitude toward aforementioned sources within both traditions has changed during recent decades. Indeed, plurality of the legal sources ...
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This paper explains the status of jurisprudence and legislation as the main sources of law in common law and written law traditions. It is argued that lawyers’ attitude toward aforementioned sources within both traditions has changed during recent decades. Indeed, plurality of the legal sources has been recognized gradually due to relative advantages of both sources. It is maintained that judicial lawmaking can be deemed as complementary source of law alongside legislation. In practice, based on this premises, it is explained that in some jurisdictions, lawyers and legal scholars within written law tradition have recognized more important role of jurisprudence in their lawmaking process. Traditional views towards the role of the judges as mere interpreters of Statutes have changed and their constructive role in developing the legal system as lawmakers has been recognized. It is claimed that decentralized lawmaking (or law finding) system is more appropriate for liberty and market oriented economy. It is believed that judge made law is more efficient than legislation. In contrast, supporters of legislation emphasis on some values such as certainty, clarity and predictability of law making through legislation. Finally, it is suggested that status of jurisprudence within domestic legal system shall be reviewed by Iranian lawyers.
Hassan Vakilian; Ahmad Markaz malmizi
Abstract
As a new discipline, legisprudence is raising for the purpose of overcoming the challenges of inappropriate deployment of legislation and legislative inflation. Legisprudence as an interdisciplinary study uses the theories and findings of sciences for analyzing and studying the legislation and law making ...
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As a new discipline, legisprudence is raising for the purpose of overcoming the challenges of inappropriate deployment of legislation and legislative inflation. Legisprudence as an interdisciplinary study uses the theories and findings of sciences for analyzing and studying the legislation and law making process. Ruling according to law and by law, has led to repetitive recourse to the legislation by governments and this in turn has led to increase of the volumes of legislation; a situation which is in conflict with rule of law. Promulgating laws which have formal and substantive flaws has decreased the quality of legislations and has made the countries legal system inconsistent. As a result the aforementioned situation causes the inefficiency in governance. Assessment of expected and unexpected consequences of legislation from the cost-benefit point of view and paying attention to these consequences in pre-legislation, legislation and post- legislation stages are parts of theoretical attempts for improvement of quality of legislation which is developed in legisprudence. The main aim of legisprudence is to enhance the quality of legislation and its ultimate goal is to assist in the realization of rule of law and good governance.
Jafar Nory Yoshanloey; Mona Agha Seyed Jafar Kashfi
Volume 16, Issue 44 , February 2015, , Pages 175-198
Abstract
The damage to the sea environment is often irreversible, therefore, accordingto relevant declarations and conventions, prevention is considered as anobligation in order to conserve the environment. Therefore, remedy imposed bythe court or arbitral tribunal is not always payment of compensation for damageand/or ...
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The damage to the sea environment is often irreversible, therefore, accordingto relevant declarations and conventions, prevention is considered as anobligation in order to conserve the environment. Therefore, remedy imposed bythe court or arbitral tribunal is not always payment of compensation for damageand/or loss of profit; in fact, it can be a requirement to perform preventivemeasures.According to customary international law, fault is needed for the award ofcivil liability; however, based on some international conventions such as theInternational Convention on Civil Liability for Oil Pollution Damage 1969 andits amended protocol 1992, strict liability to pay the compensation for thepollution of the sea is recognized for the owner of the ship. Generally the trendis toward recognizing such liability for damage resulting from pollution of seadue to transportation of oil.
