Public Law
hasan mohammadi; Ali Mashhadi
Abstract
Perfectionism, as an idea that has long influenced the political theories of the state, has a deep connection with the concepts of moral state, utopia, virtuous society, society's priority and the precedence of good. On the other hand, the public sphere, as a concept that has been born and developed ...
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Perfectionism, as an idea that has long influenced the political theories of the state, has a deep connection with the concepts of moral state, utopia, virtuous society, society's priority and the precedence of good. On the other hand, the public sphere, as a concept that has been born and developed in modern political thought, has been considered by modern political thinkers as a normative field and a rationalizing source for the state. Considering that one of the main approaches to the Constitution of the Islamic Republic of Iran is the perfectionist approach, Let's answer the question that, given the principles and pillars of the public sphere, is it possible to achieve it in a perfectionist approach to the constitution in the legal system of the Islamic Republic? Finally, by examining the foundations of the perfectionist approach and the public sphere, the refusal to realize the public sphere in this reading of the Constitution of the Islamic Republic of Iran is concluded.
hossein abdollahi
Abstract
Analyzing current definitions of public properties in Iranian legal system indicates that distinction between these properties from State properties cannot be sought in criteria such as devoting to public services, the ability to confiscate, style of utilization, conformity of public properties from ...
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Analyzing current definitions of public properties in Iranian legal system indicates that distinction between these properties from State properties cannot be sought in criteria such as devoting to public services, the ability to confiscate, style of utilization, conformity of public properties from civil and commercial laws. Also existing approaches about the issues such as “relation between public properties and State-owned companies' properties” and “rules governing public properties” are facing criticism that necessitate the redefinition of public properties. In this research, it has been endeavored to redefine the public property according to criteria of Iranian constitutional law system such as interpretation of civil law according to the Constitution, with regard to the effects of the concept of sovereignty; in such a way that, while respecting the fundamental legal-jurisprudential frameworks, the efficiency of the State in utilizing public properties shall be taken into accounts. According to this redefinition, public properties (in the general sense) unlike private ones, are properties devoted to public benefit and belonged to legal person of public law and consisting of State properties, State-owned companies properties and public properties (in the strict sense). These properties can be divided into “original or subordinate” public properties and "national or local" in the domain of State ownership. The redefinition will have many practical legal effects in the legal system.
