Volume 26 (2024- 2025)
Volume 25 (2023-2024)
Volume 24 (2022-2023)
Volume 23 (2020-2021)
Volume 22 (2019-2020)
Volume 21 (2018-2019)
Volume 20 (2017-2018)
Volume 19 (2016-2017)
Volume 18 (2016)
Volume 17 (2015)
Volume 16 (2014)
Volume 15 (2014)
Volume 14 (2013)
Volume 13 (2012)
Volume 12 (2010)
Volume 11 (2009)
Volume 10 (2008)
Volume 9 (2007)
Volume 8 (2006)
Volume 7 (2005)
Volume 6 (2004)
Volume 5 (2003)
Volume 3 (2002)
Volume 2 (2001)
Volume 1 (1999)
Volume 4 (1381)
Public Law
public sphere and perfectionism in constitutional law; Case study of the Constitution of the Islamic Republic of Iran

hasan mohammadi; Ali Mashhadi

Articles in Press, Accepted Manuscript, Available Online from 01 October 2023

https://doi.org/10.22054/qjpl.2023.67773.2772

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 ...  Read More

Public Law
Comparison of the approach of Mirza Naeini and Mirza Yusuf Khan Mustasharadullah in formulation The "new law" in Iran

Seyyed Saeid Mousavi asl

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.67272.2759

Abstract
  The new draft law in Iran has been introduced in various forms in contemporary history, among which two influential approaches are the views of Mustasharadullah and Mirza Naeini. Beyond the translation of mere foreign legal fertilizers, Mustasharadullah has paid attention to the preconditions for the ...  Read More

Public Law
The legal approach to the feasibility of realizing the public sphere in the context of neutrality approach

hasan mohammadi; Ali Mashhadi

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.74408.2909

Abstract
  The weakness of modern governments based on the representative system in establishing laws that are an expression of social norms prompted political thinkers to reconsider the relationship between the individual, society and the state. The public sphere as a solution that is trying to identify these ...  Read More

Public Law
Pathology of the process of guaranteeing the supremacy of the constitution over ordinary law in constitutional law system of Iran

Marzye Mohammadabadi; Hamed Nikoonahad

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.74933.2924

Abstract
  One of the most important duties of the constitutional reviewers The constitution is to review the ordinary law in terms of their non-contradiction with the constitution in order to ensure and guarantee the fundamental principle of the supremacy of the constitution in the field of legislation. In the ...  Read More

Public Law
The fate of the constitution in the first Pahlavi period

Ali akbar Jafari Nadoushan; omid shirzad

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.75386.2925

Abstract
  The approval of the constitution and its amendment can be considered as one of the important achievements of Iran's constitutional movement in the late Qajar era.A document that, despite all the theoretical and practical challenges that existed about its approval was able to establish a new legal ...  Read More

Public Law
Laughlin's interpretation of Oakeshott's thought in public law, (Emphasizing the concept of practice)

Marziyeh Sadeghiyan; Seyed Naser Soltani; Asadollah Yavari

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.76323.2937

Abstract
  The link between Laughlin and Oakeshott starts from the native, non-normative and pragmatic view of the constitution. Laughlin considers Oakeshott as the most important representative of the conservatism school and examines what features Oakeshott's thoughts, which in his opinion is a systematic ...  Read More

Public Law
Emulation in Drafting the Mashruteh Constitution; Model Laws and the Role of Authors

Seyyede fateme haghighat talab; Reza Sharifyazdi; Mohammad Jalali

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.76378.2938

Abstract
  Iran's first constitution, called the Mashruteh constitution, was constituted of two parts; NezamNameh Asasi and Motammem. This constitution is the initial document that marked the end of absolute monarchy and the commencement of the rule of law in Iran. Such a valuable text warrants extensive research ...  Read More

Public Law
Democratizing Administration: an Opportunity to Restore Direct Democracy

Samaneh Rahmatifar

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.76520.2940

Abstract
  The democratization of administration is similar to the concepts of organizational democracy and workplace democracy. It is a democratic political system requirement and an example of the right to public participation (rticle 21 of the UDHR). The purpose of the research is to implement direct democracy ...  Read More

Public Law
The authority of the provincial governor and decentralization in Iranian and French Law

Rohollah Moazeni; Seyyedeh Zahra Pourrashid

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.76108.2941

Abstract
  Since the provincial government was first in France in 1800 and in Iran in 1316, It has been representative of the central government and the integrator of the departments located in a province which ensured the solidarity between the government and the nation. During the last decade, some governors ...  Read More

Public Law
The rule against bias in UK administrative law

Zohreh Naeimifard; Mahdi Hadavand

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.78215.2976

Abstract
  In administrative law, the "rule against bias" is one of the branches of the principles of "procedural fairness" and complements the theory of "good governance". Personal, cognitive, organizational-institutional biases, previous involvement, preconceived opinions, predispositions ...  Read More

Public Law
A Critique on the Housing Production Jump Law with an Emphasis on the Implementation of the law Regarding the Lands and Properties of Universities in the Light of Case Law

Mahin Sobhani; Alireza Bazri; Zahra Sobhani

Articles in Press, Accepted Manuscript, Available Online from 27 May 2024

https://doi.org/10.22054/qjpl.2024.78893.2982

Abstract
  Due to the recognition of the right to housing in the Iranian constitution, providing housing to the people was one of the promises of the 13th government, which led to the approval of the housing production Jump law. According to Article 10 of this law, all government agencies are obliged to transfer ...  Read More

Public Law
The role of the modern legal system in Javad Tabatabai's theory of religious reform; Critical reading

Amir Mohajer Milani

Articles in Press, Accepted Manuscript, Available Online from 07 October 2024

https://doi.org/10.22054/qjpl.2024.75027.2919

Abstract
  Tabatabaei believes that religious reform in Sharia-oriented Islam is possible only in the realm of law and by transforming Sharia law into a new and historical legal system. This transformation provided the conditions for the interpretation of the text of Sharia-oriented law, based on the new legal ...  Read More

Public Law
An analysis of the legal effects of "non-cancellation" in the opinions issued by the general board and the specialized boards of the Administrative Court of Justice

vali rostami; sajad karimi pashaki

Articles in Press, Accepted Manuscript, Available Online from 07 October 2024

https://doi.org/10.22054/qjpl.2024.75144.2923

Abstract
  the legislator in three periods of 1981, 2006 and 2013 took action to establish the rules of procedure governing the Administrative Court of Justice, and in this way, the establishment of specialized boards as well as the general board of the Administrative Court of Justice focused on the procedures ...  Read More

Public Law
A concrete approach to the constitution in Hegel's absolute idealism

malihe masoudi; Mohammad Emami; seyyed mojtaba vaezi

Articles in Press, Accepted Manuscript, Available Online from 07 October 2024

https://doi.org/10.22054/qjpl.2024.77431.2962

Abstract
  A concrete approach to concepts is one of the main features of Hegel's philosophy. In Hegel's view, the concrete concept has precedence over its subjects, and what is objective is the realized idea or concept, while the abstract concept is formed through mental representation and abstraction ...  Read More

Public Law
of local decentralization in Iran

Mohammd Reza Mojtehedi; Mohammd Mazhari; Syed Hussain Malkuti Hashjinmalakooti@; Salah Ghsemyani

Articles in Press, Accepted Manuscript, Available Online from 07 October 2024

https://doi.org/10.22054/qjpl.2024.79090.2986

Abstract
  Decentralization has found its global position as the preferred method of governance in today's world. This article aims to investigate the legal challenges of local decentralization in Iran. The history of decentralization in Iran goes back to the formation of state and provincial associations ...  Read More

Public Law
Sparkle new technologies in the conceptual heart of the worker

Soroush Alizade; Ayat Mulaee

Articles in Press, Accepted Manuscript, Available Online from 07 October 2024

https://doi.org/10.22054/qjpl.2024.79543.2994

Abstract
  The following article takes a step on the path by choosing new technologies and multi-faceted philosophical reflection on its concept as a starting point in the problem.Then, he talks about the impact of technology on human life and develops the issue of Mandi Ben Mayei from the heart of it.As this issue ...  Read More

Public Law
Re- analysis of the Political System of Islamic Republic of Iran In the View of the Concepts of "Unified Government " and "Divided Government'

seyedeh zahra saeid

Articles in Press, Accepted Manuscript, Available Online from 07 October 2024

https://doi.org/10.22054/qjpl.2024.80940.3024

Abstract
  The explanation of political systems in the context of the concepts of a unified government and a divided government gives a clear information of the relationship between the ruling powers. According to the mentioned concepts, the research with its analytical-critical method aims to explain the type ...  Read More

Public Law
The Theory of the Guardian of the Constitution; Through Carl Schmitt's Critiques of Liberalism, Democracy and Parliamentarism.

kazem Ahmadi; Seyed Naser Soltani

Articles in Press, Accepted Manuscript, Available Online from 07 October 2024

https://doi.org/10.22054/qjpl.2024.79892.2999

Abstract
  Schmitt was strongly opposed to the liberal approach to safeguarding the constitution, which he viewed as devoid of real political content and overly dependent on abstract legal principles. Instead, he advocated for a more decisive and politically charged role for the head of state, arguing that only ...  Read More

Public Law
The Concept of Law in Pre-Constitutional Times: The Views of Mirza Malkam Khan Nazim Al-dawla

Abbasali Kadkhodaei; Mahdiyeh Firoozi

Volume 26, Issue 84 , December 2024, , Pages 45-78

https://doi.org/10.22054/qjpl.2022.64804.2707

Abstract
  IntroductionLaw has been a central concept throughout different periods of pre-constitutional reforms, reflecting the different stages of Iranian constitutionalism. The evolution of this concept illustrates the development of reformist ideas in Iran, highlighting its significance. The initial phase ...  Read More

Public Law
The Specific Legal System Governing the Formation of Insurance Companies and Institutions

Majid Banaei Oskooei; Mohammad javad Ghorbani

Volume 26, Issue 84 , December 2024, , Pages 79-122

https://doi.org/10.22054/qjpl.2024.70338.2824

Abstract
  IntroductionToday, insurance coverage is crucial in commercial and economic activities; however, like many economic functions, insurance requires significant financial resources. Generally, there are two main ways to provide these resources: proprietary and non-proprietary methods. Non-proprietary funding ...  Read More

Public Law
Assemblage Theory: A Lens for Analyzing Institutional Dynamics From the Perspective of Public Law

Atefeh Moradi Eslami; Mohammad Javad Javid

Volume 26, Issue 84 , December 2024, , Pages 123-150

https://doi.org/10.22054/qjpl.2024.72252.2874

Abstract
    Introduction While the principles of certainty and legal security are foundational to modern legislation, the transition to the digital age and postmodernism has necessitated the adoption of principles such as uncertainty, innovation, and flexibility in some international legal documents due to ...  Read More

Public Law
The Standards of the Right to Peaceful Protest and the Government’s Responsibility to Facilitate Its Implementation in Light of International Documents

Abdollah Ghaderi; Haneh Farkish; Arkan Sharifi

Volume 25, Issue 81 , December 2024, , Pages 147-184

https://doi.org/10.22054/qjpl.2023.70391.2828

Abstract
  IntroductionAs a fundamental human right, the right to peaceful protest has always been the focus of governments. Therefore, after studying the concept and the legal framework concerning the exercise of this right according to the international documents, the constitution, important international principles, ...  Read More

Public Law
Freedom of Assembly and Procession, Principle 27, Constitution, Permit System, Notification System

Mohammad Mahdifar; Faezeh Rafatnejad

Volume 26, Issue 84 , December 2024, , Pages 151-188

https://doi.org/10.22054/qjpl.2024.72918.2886

Abstract
  IntroductionThe freedom of assembly and procession is a fundamental civil and political right recognized in numerous human rights documents and legal systems, including that of the Islamic Republic of Iran (IRI). The question arises as to what specific stance the IRI’s constitutional law takes ...  Read More

Public Law
The Limits of the Competence of the Jurists of the Guardian Council in Supervising the Application of the General Principles of the Constitution

Mohammad Amin Abrishami Rad

Volume 25, Issue 81 , December 2024, , Pages 185-214

https://doi.org/10.22054/qjpl.2023.70421.2826

Abstract
  IntroductionArticle 4 of the Constitution of the Islamic Republic of Iran has determined the jurists of the Guardian Council as the competent authority to exercise religious supervision over the application of the general principles of the Constitution. According to this article, "All civil, criminal, ...  Read More

Public Law
The Emergence and Development of the Concept of the Political Constitution

Fardin Moradkhani

Volume 26, Issue 84 , December 2024, , Pages 189-228

https://doi.org/10.22054/qjpl.2024.74324.2908

Abstract
  IntroductionScholars have offered various interpretations of the constitution as one of the most important concepts in law. Understanding these perspectives can contribute to a better understanding of the constitution. One such interpretation is the legal conception, which considers the constitution ...  Read More