Public Law
Faeghe Chalabi; Seid Hossein Malakooti Hashtjin; Mohammad Reza Mojtehedi; Ayat Mulaee
Abstract
The constitution should be a symbol of flexibility in the face of social challenges. In most constitutions, it is possible to amend the constitution through a formal revision. The difficulty of the formal reform process has led constitutionalist democracies to believe that a formal revision of the constitution ...
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The constitution should be a symbol of flexibility in the face of social challenges. In most constitutions, it is possible to amend the constitution through a formal revision. The difficulty of the formal reform process has led constitutionalist democracies to believe that a formal revision of the constitution cannot be the only way to achieve the desired goal of meeting the constitution with the needs of society, parties, and people on the constitution in the constitutional law. In this respect, two approaches of originality and dynamism are noteworthy. The controversy between the originalists and the dynamic constitution suggests that in addition to the formal method, constitutions can be reviewed and changed informally. In this article, the concept and principles of the dynamic constitution as a new theory, survey the limits of living constitution interaction in the face of the originalist constitution, the relationship between the living constitution and the legitimacy of the political system, and its confrontation with the rule of law are examined. The main goal of this article is to provide the basis for further research and localization of the present theory by examining the dimensions and challenges of the forthcoming issue to address the shortcomings of the Iranian constitution in the face of the current challenges of the constitution.
shirin sharifzadeh
Abstract
A “compilation” is a work formed by the collection and assembling of pre-existing materials or of data that are selected, coordinated or arranged in such a way that the resulting work as a whole constitutes an original work of authorship, such as periodical issue, anthology, encyclopedia, ...
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A “compilation” is a work formed by the collection and assembling of pre-existing materials or of data that are selected, coordinated or arranged in such a way that the resulting work as a whole constitutes an original work of authorship, such as periodical issue, anthology, encyclopedia, telephone directory, etc. Since the prerequisite for protection of copyright works is originality, this question arises whether these works are original and may also be copyrightable. The meaning of originality is not defined in the majority of national copyright legislations. Instead, the interpretation of what is to be original has been left mainly to the courts. Courts have different opinions regarding the definition of originality and its conditions. However, the Supreme Court of United States in the Feist case put an end to this division. This article attempts to study the notion of originality of compilations works by analyzing the Feist case in order to answer whether compilation works have any originality and if the answer is yes, what is its scope.