Public Law
Ayat Mulaee; Nusratullah Nabeel Rahimi
Abstract
Post-positivism is a contemporary philosophical idea and has emerged with the influence of the criticisms of positivism. This concept is a part of the research methodology. The question is this: Does post-positivism have the potential to propose a research approach in public law? This article is fundamental ...
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Post-positivism is a contemporary philosophical idea and has emerged with the influence of the criticisms of positivism. This concept is a part of the research methodology. The question is this: Does post-positivism have the potential to propose a research approach in public law? This article is fundamental research, and the descriptive-analytical method has also been used for data analysis. Based on the findings of this article, First; most legal research does not take the research methodology seriously however, the validity of knowledge requires researchers to define the ruling paradigms of the research. If the researcher does not pay attention to this issue, the research output will not have scientific validity. Secondly; every knowledge cannot be considered as scientific knowledge. Correct scientific knowledge is subject to philosophical paradigms, which if not paid attention to, the output of the research will not have scientific validity. Thirdly; Post-positivism as a research approach can be extended to the knowledge of public law. Fourthly; this way of thinking enables public law researchers to adhere to descriptive and historical research methods (as contextual knowledge) in addition to using statistical techniques.
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.
International Law
Mahmoud Hajjar; Seyed ghasem zamani
Abstract
The interpretation of treaties is particularly important in the field of treaty law, as in most cases it is not possible to apply treaties without their interpretation. In addition to the text and context of the treaty, the relevant rules of international law, including the general principles of law, ...
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The interpretation of treaties is particularly important in the field of treaty law, as in most cases it is not possible to apply treaties without their interpretation. In addition to the text and context of the treaty, the relevant rules of international law, including the general principles of law, can play an important role in the interpretation of treaties. A treaty is a creation of the international legal system, and its interpretation and implementation should be carried out within the context of the legal system that governs it. The main question to which this research intends to answer is: What is the position of general principles of law in the interpretation of treaties? It seems that the use of general principles of law in the interpretation of treaties can reduce the potential fragmentation of international law and promote its coherence. In this research, by using library sources, international documents and international judicial decisions and arbitration awards and using a descriptive-analytical method, the position of general principles of law in the interpretation of treaties will be examined.
International Law
Abbasali Kadkhodaei; Mohammadreza Mohammadi
Abstract
The concepts of abuse of rights and abuse of process are being considered by litigants in international courts. In the abuse of the right and abuse of process, bad faith replaces good faith. In abuse of rights, the question is about exercising a right but with an improper purpose while abuse of process ...
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The concepts of abuse of rights and abuse of process are being considered by litigants in international courts. In the abuse of the right and abuse of process, bad faith replaces good faith. In abuse of rights, the question is about exercising a right but with an improper purpose while abuse of process occurs to take advantage of a process with different intentions in order to disrupt proceedings. Abuse of rights is an issue that is related to the substantive part of a case, while abuse of process is a non-substantive issue in most cases and is raised in the admissibility. This study's main objective is to examine the practice of the ICJ in relation to the abuse of rights and abuse of process. The research method of this research is descriptive-analytical by using library-documentary sources. Despite the refusal of the court to state the status of abuse of rights and process, today these concepts can be referred to as general principles of law in international law. This article proves that the court considers a high threshold to accept the realization of the abuse of rights and process, and so far it has not been able to confirm such abuse.
International Law
Elham Aminzadeh; mersedeh mazloumi; Amirsaed Vakil
Abstract
Recently, water have become important for the economy and population; therefore, managing of these resources and preserving the environment requires multilateral approaches from states and other international actors. This situation is more complicated when a water source is shared between several states; ...
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Recently, water have become important for the economy and population; therefore, managing of these resources and preserving the environment requires multilateral approaches from states and other international actors. This situation is more complicated when a water source is shared between several states; because the amount of water resources is limited and should be distributed fairly among neighboring states. Because of the optimal management and exploitation of water resources, environment preservation and hydropower development, Germany has been the focus of attention in domestic and cross-border dimensions. The main question is “what is the approach in the German legal documents and practical procedure to deal with the conflicts raised in the field of shared water allocation?” Its solutions can be used in other states to solve the problem of how to distribute shared water between opposite and neighboring states. The solutions are found in the legal documents and its practical procedure, which through analyzing them in an analytical method, the principles of reasonable and fair use, assessment of potential, actual and future needs of states and prevention of damage reserves along with cooperation between states are presented. The maximum amount of service to the whole human society has been inferred.
International Law
Milad Haji Esmaeili; Mehrab Darabpour
Abstract
The United Nations Global Compact, with more than 23000 voluntary participants, is the world’s largest corporate citizenship initiative, gathering multinational enterprises (MNEs) under an agreement. The purpose of the compact is to achieve the principles of human rights, labor, environmental, ...
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The United Nations Global Compact, with more than 23000 voluntary participants, is the world’s largest corporate citizenship initiative, gathering multinational enterprises (MNEs) under an agreement. The purpose of the compact is to achieve the principles of human rights, labor, environmental, and anti-corruption in the behavior of multinational enterprises. This compact, which was approved in 2000 by the United Nations Economic and Social Council, differs from other international agreements. In this compact, governments do not have a role in regulating MNEs. The United Nations directly supports MNEs to regulate non-compulsory rules with the tools of dialogue, learning and partnership projects. Such an initiative brought a flood of criticism. (1) Its 10 principles are vague. (2) The Compact supports the capture of the United Nations. (3) The Compact is not accountable. The current article is based on the premise that the requirement for this compact is crucial and (a) vague principles are designed to allow MNEs to provide new solutions, (b) the intervention of MNEs in policymaking leads to the systematization of unwritten and behind-the-scenes policies. (c) The criticism of the non-accountability is due to a lack of understanding of the true nature of the compact.
International Law
Masoumeh Parsoon; ali kadkhodaei; mohsen hataminia
Abstract
In 2020, the Eastern Mediterranean region passed one of its most challenging historical times. The discovery of significant hydrocarbon resources deepened the gap between regional countries’ opinions regarding the delimitation of maritime boundaries, which has been accompanied by the influence ...
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In 2020, the Eastern Mediterranean region passed one of its most challenging historical times. The discovery of significant hydrocarbon resources deepened the gap between regional countries’ opinions regarding the delimitation of maritime boundaries, which has been accompanied by the influence of regional and global powers. The existence of oil and gas fields in the Eastern Mediterranean increased the competition of coastal states to expand their claimed maritime area to such an extent that they demarcated maritime borders without being neighbors and pushed NATO members: Turkey, France and Greece to the point of military conflict. In the turbulent political situation of the region, the announcement of Türkiye's Blue Homeland doctrine following the signing of an MOU on the maritime boundary between Türkiye and Libya caused protests by some countries. This issue prompted Greece to continue negotiations with Egypt at a faster pace and reach a maritime border agreement. Although the shadow of the political affairs of the regional countries on the agreements is clear, we will try to examine the legal aspects of Türkiye's action in introducing the Blue Homeland from the perspective of international law of the seas and judicial procedure.
Public Law
Seyyed Saeid Mousavi asl
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 ...
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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 implementation of the law in Iran and based on the spirit of the new law, which in his view is reflected in the principles of French human rights, he seeks to re-read the religious material in the light of modern reason. On the other hand, Mirza Naeini, by trying to re-read the constitutional thought within the framework of the ancient tradition, formulates the law in accordance with the Shari'a and, using the capacities of jurisprudential ijtihad, calendars new concepts under traditional intellect. It seems that Mustasharadullah, with an understanding of the new intellect and transcending the requirements of the traditional intellect, intends to establish the law and seeks to transfer it from the Shari'a to the law, while Mirza Naini, It seeks to formulate the law based on the sharia system of thought and therefore considers the law as a function of sharia.
Public Law
hasan mohammadi; Ali Mashhadi
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 ...
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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 norms by providing moral discourse procedures in a democratic context and make the parliament, in the light of the founding power, obliged to follow the norms emerging from the public sphere, as the main political attitude The modern era received the attention of these philosophers. On the other hand, neutrality as one of the new approaches reconsider the jurisdiction of governments. The main question is whether the neutral approach has the necessary ability to provide the platforms for the realization of the public sphere? Our assumption is that despite some incompatible attitudes, the mentioned approach has basic coordinations and works with the theory of the public sphere, which provides a suitable platform for the emergence of this sphere.
Public Law
Marzye Mohammadabadi; Hamed Nikoonahad
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 ...
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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 system of constitutional law of the Iran,the parliement is exclusive authority to enact ordinary laws according to principles 58.71 of the constitution,and the Guardian Council, according to, articles 72,91 94 of the constitution, has the of review the non-contradiction of the measure with the constitution. Since the process and mechanisms foreseen for the perform of this type of review are not comprehensive, in practice we see legal deficiencies in guaranteeing the supremacythe Constitution.The present article is based on an analytical-critical approach and by studying the procedures for identifying damage in the mechanisms of the Guardian Council review of the normal law.The findings of this research show ""Failure to foresee a specific mechanism for the review of the Guardian Council on normal laws before the formation of the parliament Among most important damages in the review mechanisms of the Guardian Council is guaranteeing the supremacy of the Constitution over the ordinary law.
Public Law
Ali akbar Jafari Nadoushan; omid shirzad
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 ...
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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 order on Iranian governance for the first time and provide the basis for limiting the power and guaranteeing the fundamental rights and freedoms of the nation.Examining the course of evolution of this document in the next historical stage- the first Pahlavi period- can help to explain the history of constitutional law and recognize the contemporary history of Iran.From this point of view, this article analyzes and examines the fate of the constitution during the first Pahlavi era and has examined the revision process of the constitution and its change and weakening due to the mechanism of interpretation. The findings of the research indicate that in the post-constitutional era, despite the fading of tyranny, the preservation of territorial integrity, and Iran's achievement of modern life and some progress, the conflicts between the traditional authoritarian order and the democratic order continued and with the dominance of Rezashahi's authority, the priority of constitution has been damaged.
Public Law
Marziyeh Sadeghiyan; Seyed Naser Soltani; Asadollah Yavari
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 ...
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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 theory of human conduct and politics, and what kind of conservatism he portrays. Laughlin highlights Oakeshott's criticisms of rationalism and his emphasis on practical or traditional knowledge, and borrows from his thought on politics as a tradition of conduct. What is emphasized in this article is Laughlin's attention to Oakeshott's special reading of the concept of tradition and practice, which the authors think is the same reading that inspired Laughlin's theory of "public law as practice". Therefore, according to the perception of Oakeshott's thought, Laughlin considers public law as a native system and a tradition that is indicative of the specific culture of a society and a political system. Accordingly, Laughlin's emphasis on the practices of governance and the gradual adaptation process of public law arrangements in accordance with changes in social and political conditions, without being affected by norms, is strongly reminiscent of Oakeshott's emphasis on politics as a practice of conduct.
Public Law
Seyyede fateme haghighat talab; Reza Sharifyazdi; Mohammad Jalali
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 ...
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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 as an introduction to comprehending the concept of a constitution in contemporary Iran. Nevertheless, it has not received adequate consideration and analysis.
In this regard, the present research focuses on a specialized examination of the drafting and arrangement of the Mashruteh constitution. For this purpose, this text discusses the necessity of drawing inspiration from other countries for drafting this constitution, its drafting process, its authors, and the determination of reference constitutions.
The results clarify that the majority of Articles in the Motammem and many in the NezamNameh Asasi borrowed or, in some cases, adapted from the constitutions of other countries. The NezamNameh Asasi drew inspiration from various foreign constitutions; However, the authors made significant changes in the foreign concepts to align them with the conditions of Iran. On the other hand, in the drafting of Motammem, few articles are unique to Iranian law, and most others are rooted in the Belgian Constitution of 1831.
Public Law
Samaneh Rahmatifar
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 ...
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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 in administration or explain the elements of democratic administration. The approach employed is descriptive and analytical. It involves a description of the elements of direct democracy and the administrative prerequisites. Subsequently, it delves into an analysis of their interplay. Components of direct democracy are legal equality, pluralism, public participation and monitoring, promotion and protection of human rights, consensus orientation, arranging general assembly, and the rule of law. The elements of democratic administration are the creation of an inclusive employees' assembly, decision-making by consensus, strengthening employees' belief in the necessity of participation, and creating the regulations in the assembly by observing the higher legal rules. The last one refers to respecting the status of representative democracy. However, these elements require changes in the administration and obviously cannot be combined with a hierarchical structure, or at least hierarchy plus direct democracy in administration leads to the practice of democracy instead of democratic life with excessive bureaucracy.
Public Law
Rohollah Moazeni; Seyyedeh Zahra Pourrashid
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 ...
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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 and authorities have repeatedly claimed that the authority of governors is not sufficient to carry out their duties. This comparative study aims to compare the evolution of the governorship institution and their authority in relation to the local administrative institutions based in the province in France and Iran. The findings of the research indicate that the authority of governors in Iran, in relation to the local decentralized institutions, not only do not suffer from a lack and defects but the excess of the authority and extensive supervision of the governors in relation to these institutions requires substantial reform so that the authority and potential of the governors mainly lead to coordinating the numerous central agencies located in the region (decentration). Another finding of this research is that the position of governorship is complex and ambiguous, with adaptability and continuous innovation being the solution, rather than an increase in legal authority.
International Law
Mohammad saleh Anisi; Mahnaz Rashidi; mahdi piri
Abstract
Today, state's utilization of international watercourses is very important considering the essential role of water in human life and livelihood. Although this issue is subject to a unique legal regime in a special way, it also has very important aspects of human rights. Currently, the water crisis ...
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Today, state's utilization of international watercourses is very important considering the essential role of water in human life and livelihood. Although this issue is subject to a unique legal regime in a special way, it also has very important aspects of human rights. Currently, the water crisis in the Hirmand Basin has human rights aspects more than ever before. The right to access to water, the right to health, and finally the right to life are among the rights that need to be respected and protected in national and international dimensions. The present paper is also related to the explanation of various dimensions of human rights, as well as the examination of international legal and judicial rulings that can be applied to the subject and their application through analogy and induction with the current crisis of the Hirmand basin mentioned the requirements of human and transboundary rights in this particular case, and then by explaining the current legal gaps, explained the minimum approaches to respect, protect and implement the right to access to water as an appropriate international legal solution
International Law
Roya Zarenemati; S.Ghasem Zamani
Abstract
The right to life is the first human right that forms the central core of the human rights system.In order to protect this right, governments are obliged to respect and protect the right to life and provide provisions for the people under their jurisdiction.There is an inseparable link between health ...
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The right to life is the first human right that forms the central core of the human rights system.In order to protect this right, governments are obliged to respect and protect the right to life and provide provisions for the people under their jurisdiction.There is an inseparable link between health and human life. It exists and benefiting from physical and mental health is a necessary prelude to preserving life and human dignity. But today, humanity is facing phenomena and crises such as emerging infectious diseases El Nino, water shortage, global warming which have seriously threatened the health and peace of the body and jeopardized the international peace and security and the efficiency and effectiveness of the regulations. International law and the performance of governments in the face of such global crises have been questioned and have led to the revelation of the shortcomings of the international law system in the field of preventing and dealing with infectious diseases such as Covid19 Although various international documents have addressed the issue of international obligations of governments and the world community in this field the findings of the present study show that the anticipated obligations were not very efficient and effective and require
International Law
maysam haghseresht
Abstract
Today, the penetration of artificial intelligence in various fields has made its control and development one of the most challenging issues. The right to health is one of the fields that have always been affected by the progress of this technology and has caused extensive changes in this field. By examining ...
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Today, the penetration of artificial intelligence in various fields has made its control and development one of the most challenging issues. The right to health is one of the fields that have always been affected by the progress of this technology and has caused extensive changes in this field. By examining the effects of artificial intelligence on the right to health as one of the components of human rights; The basic question is what are the negative and positive effects of artificial intelligence on the right to health?In the fundamental components of the right to health, as well as the rights related to the right to health, such as the right to work, education, human dignity, non-discrimination, privacy, access to information, etc., despite the positive effects of this technology, we also see harm. So that the violation of human dignity, the right to privacy and the principle of non-discrimination and the possibility of access for everyone and the responsibility of users are among the worrying issues of the development of this technology in the field of the right to health, which should be considered in the field of protection.
Public Law
Zohreh Naeimifard; Mahdi Hadavand
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 ...
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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 or prejudgments are the most important aspects of partiality. They can influence decision-making processes. Despite the importance of the aforementioned rule, less has been addressed to its foundations and aspects in administrative law, and most of the topics discussed are focused on judicial impartiality. Considering the position of foreign law in the field of administrative law, this article, using the analytical-descriptive method, examines the nature, elements and application of the rule against bias in English administrative law. It seems the current approach of the English legal system to the rule against bias is complex and scattered, applied with different standards. Also, the violation of the rule against bias results in a lack of competence of the administrative authority, with varying degrees of effect ranging from "void" to "voidable" of the decision. Although there are some serious concerns about the inflexibility of the rule against bias, especially in technical and specialized administrative matters, it is necessary to strike a balance between competing concerns.
Public Law
Mahin Sobhani; Alireza Bazri; Zahra Sobhani
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 ...
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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 and deliver free of charge the lands in their possession that fall within the framework of the location of the subject of Article (6) of the Organization Law, in the name of the government, with the representation of the Ministry of Roads and Urban Development. Now the question is whether the Ministry of Roads and Urban Development can acquire all the lands under the jurisdiction of the state universities for free with the aim of increasing housing production? This article, by examining the laws and documents case law, comes to the conclusion that the lands under the jurisdiction of the state universities, which are managed by the board of trustees, are divided into two categories: public and private properties. Even if we recognize this right for the Ministry of Roads and Urban Development,,, this ministry cannot apply this law to the private lands of universities.
International Law
Mehryar Dashab; Kosar Talebi Esfandarani
Abstract
The world of sports is not limited to a specific country and group, and this is the extra-territorial and cross-century feature of sports that distinguishes it from other human phenomena. The world of sports is an efficient tool in the hands of the international human rights system, which can provide ...
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The world of sports is not limited to a specific country and group, and this is the extra-territorial and cross-century feature of sports that distinguishes it from other human phenomena. The world of sports is an efficient tool in the hands of the international human rights system, which can provide a basis for the realization and promotion of human rights due to human desire for physical activity. In the meantime, children are in the center of attention as athletes. In this article, we have tried to answer the key question of how to protect the rights of children in the field of professional sports by explaining the dimensions of child-athlete rights violations. Children's rights are widely supported by the government and others due to everyone's obligation to respect and guarantee compliance, but the sports arena generally does not allow government interference in its affairs. For this purpose, relying on the responsibility of the legal system governing the field of sports, a comprehensive investigation should be conducted in line with the feasibility of the situation and how to apply the minimum age rule in the field of sports within the framework of the Convention on the Rights of the Child.
Public Law
Amir Mohajer Milani
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 ...
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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 theories emerging from the philosophy of modern law, in the continuation of the emergence of the "new of the old" and the elimination of the "old of the old" and as a result the realization of modernity which tekes place in the Iranian society. According to him, the constitutionalism movement in Iran, with the transformation it created in the logic of understanding religion and the transformation of Sharia law into modern law and the formation of a new legal system, is an example of this model in the position of "opinion in practice". This research presents a coherent narrative of Tabatabai's complex theory with the documentary method and content analysis, and then criticizes it. Tabatabai's theory, despite its great power in explaining changes in Iranian thought, faces some problems such as seeing history as a linear evolutionary theory, comparing two incommensurable things and understanding the nature of the constitution in a one-dimensional way.
Public Law
vali rostami; sajad karimi pashaki
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 ...
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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 related to the request for annulment, which is one One of the important duties of these committees is to be qualified. Considering the amendment of some of the provisions of the law governing the proceedings of this judicial authority in 2023 and the creation of credibility to the "non-cancellation" votes issued by the specialized boards as well as the general board through the ruling of Article 93 of the Law of the Administrative Court of Justice and the need to publish the opinions These authorities, among others, with the work "Non-cancellation"the authors try to answer this question in this article, which was compiled with a descriptive-analytical method: the status and credit effects of the ruling on "non-cancellation" of the regulations of the board. What are the general and specialized boards of the Court of Administrative Justice, and from such opinions can we infer the correctness and influence of the regulation?
International Law
Siavash alizadeh; Seyed Qasem zamani
Abstract
Identifying the concept of the legal interest and ascertaining the “ interested party ” are amongst the most critical responsibilities for any judicial body. The term interested party is attributed to an individual or entity with a legal interest in initiating legal proceedings. The European ...
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Identifying the concept of the legal interest and ascertaining the “ interested party ” are amongst the most critical responsibilities for any judicial body. The term interested party is attributed to an individual or entity with a legal interest in initiating legal proceedings. The European Convention on Human Rights, as a legal instrument cited by the European Court of Human Rights (“ECtHR”) in Articles 33, 34, and 35, outlines the scope and specification of the right holders seeking to appear before the court. The present article aims to explore the extent to which the ECtHR’s initiative has influenced the conceptual and practical development of the notion of interested party. It also delves into the underlying principles and justifications that have served as the foundation for this procedural transformation. A comprehensive analysis of the judicial practice of the ECtHR reveals noteworthy innovations in the court's perspective on the concept of the interested party. These innovations are derived from the fundamental principles of human rights, legal techniques, and a comprehensive comprehension of the current social transformations. This article revisits the concept of interested party utilizing the library resources and decisions issued by the ECtHR, in addition to employing an analytical-descriptive methodology.
Citizenship rights
Ghodratollah Norouzi; sayed ahmad Hoseini nia
Abstract
The right to the city is one of the citizenship rights with a social, political and legal nature, which is on the verge of joining human rights. This right was proposed by Leufber in the 1970s and has had many legal and urban discussions and has shaped social movements in practice, the result of which ...
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The right to the city is one of the citizenship rights with a social, political and legal nature, which is on the verge of joining human rights. This right was proposed by Leufber in the 1970s and has had many legal and urban discussions and has shaped social movements in practice, the result of which is the issuance of legal charters, including the Universal Charter of the Right to the City. The purpose of this article is to compile indicators of the realization of the right to the city in Isfahan. Delphi-expert-oriented method has been used to compile its components. As a result, the 16 evaluated components are accepted in the following dimensions. Good urban governance, right to participate (3.9), access to information (3.65), justice and equality (3.59), rule of law (3.38), effectiveness and efficiency (3.29), political stability and fight against corruption (2.34), protection against Risk, right to health and safety (3.03), special care, (2.8), emergency preparedness (2.46), physical, right to urban facilities (3.32), housing (3.08), mobility (2.48), social, right to quality of life (3.55) , basic needs (3.17), awareness and participation (2.87) and social cohesion (2.61) had the highest average.
Citizenship rights
Rezvaneh Mirzavand; Roya Motamednejad
Abstract
Today, despite the ever-increasing advancement of technologies and applications, the field of biometric data processing is constantly evolving. Meanwhile, the recognition of the right to privacy in connection with the processing of biometric data is an important aspect of the issue of data protection ...
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Today, despite the ever-increasing advancement of technologies and applications, the field of biometric data processing is constantly evolving. Meanwhile, the recognition of the right to privacy in connection with the processing of biometric data is an important aspect of the issue of data protection and human rights. Therefore, the main question of the article is what effects does the use of biometric data, which sometimes goes beyond the purpose of authentication or identification, have on people's private lives? And secondly, in a situation where Iranian law does not explicitly address biometric data; What measures can be considered? The findings of the research show that, due to the special and very sensitive nature of biometric data, the need for strong laws to protect the private life framework of people is felt more than ever. Balancing the need for public safety and privacy rights is a complex challenge. It will also be very important to establish clear legal frameworks, regulatory mechanisms and accountability measures to ensure the legal and responsible use of biometric data.
Public Law
malihe masoudi; Mohammad Emami; seyyed mojtaba vaezi
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 ...
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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 operations in relation to the researcher's affairs, and takes its content as a priori. The concept of the constitution in Hegel's intellectual system is defined as the basic principles of the last stage of the evolution of the soul in history, that is, the state. According to Hegel, any kind of abstract and a priori definition of the constitution is one-sided and devoid of truth and presents the constitution as an unstable and random existence. Therefore, the concept of the constitution should be deduced from the text of the phenomenology of the soul. Hegel's concrete approach to the concept of the constitution departs from its conventional understanding in the constitution and has important effects; Among other things, the constitution, like the soul of the nation, is not a fake and artificial thing, and the question of who drafted the constitution is meaningless, and imposing the constitution on a nation is also rejected.
International Law
Anahita Seifi; farangiz mansori
Abstract
Many studies have been done on the vulnerability of women in conflict and collective violence. However, there is relatively less discussion of women's experiences as defendants and perpetrators of mass violence and conflicts in international criminal courts. By looking at the case of some female ...
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Many studies have been done on the vulnerability of women in conflict and collective violence. However, there is relatively less discussion of women's experiences as defendants and perpetrators of mass violence and conflicts in international criminal courts. By looking at the case of some female defendants in international criminal courts, this article investigates the formation of legal discourses in the form of stereotypes of femininity, conflict and mass violence.This raises questions; Why, in the procedure of the criminal courts, a large number of male perpetrators and few female perpetrators have been convicted. Are women less capable of committing mass violence and crimes than men? Why are female perpetrators punished less than male perpetrators for committing similar crimes? In this regard, this article examines gender narratives such as mother, wife, monster, etc, which are used in relation to female defendants in international criminal courts. And It shows that these narratives highlight the incompatibility of femininity with violence and reject the agency of women in political and military contexts and committing violence.
Public Law
Mohammd Reza Mojtehedi; Mohammd Mazhari; Syed Hussain Malkuti Hashjinmalakooti@; Salah Ghsemyani
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 ...
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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 during the constitutional period and after that it continued in the Islamic revolution period in the form of Islamic councils, but this system is still facing serious legal obstacles. The research examines the legal challenges of the decentralization system with a descriptive-analytical approach in legal dimensions (constitutional law and ordinary laws), interpretative, judicial and structural. The findings showed that the concern is from the historical experience in the emergence of the paper constitution and joining the associations in the form of councils. In order to solve the legal challenges of the decentralization system in Iran, it is an inevitable necessity to revise and amend the constitution, change the attitude in the legislature, the Guardian Council, the Administrative Court of Justice and the executive bodies, especially the Ministry of Interior, and there is a need to change the political structure and culture of the country.
Citizenship rights
Hadi Salehi
Abstract
The contextual approach to the legal recognition of minorities can be viewed as a form of "two-way persuasive action dialogue" between the legal recognition agent (subject) and minority groups (object). The necessity of this legal recognition process has its critics and deniers. Waldron, a ...
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The contextual approach to the legal recognition of minorities can be viewed as a form of "two-way persuasive action dialogue" between the legal recognition agent (subject) and minority groups (object). The necessity of this legal recognition process has its critics and deniers. Waldron, a public law scholar, is among those who deny the necessity of legal recognition of minorities.
The central axis of Waldron's arguments from a cosmopolitan perspective can be seen as the conflict between the legal recognition of minorities and the principle of neutrality of the modern state. He believes that just as a secular state is considered non-religious, so too should the modern state be non-cultural. In support of his argument, Waldron sees legal recognition as violating the nature of the rule of law, undermining universal responsibility, and challenging the mechanism of majority rule.
However, it should be said that the recognition of minority groups is a construct of public discourse in the public sphere. Given the indifference of majority societies to the demands of minority groups, legal recognition takes place gradually and in the context of ongoing persuasion. The same is true of the exceptionality of general rules within the framework of the rule of law.
Public Law
Soroush Alizade; Ayat Mulaee
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 ...
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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 is linked to one of the fundamentals of thought in the field of left and right economic legal schools.Therefore, the effort is based on rereading the concept of work and the working class and revealing the impact of new technologies on the fundamental and underlying conceptual and philosophical layers.Then the impact of these concepts on legal knowledge is looked at, and a light is shed on the conceptual conflict of the problem and the question is answered,what effect do new technologies have on the concept of the working class?This requires defining the concept of work from the philosophical thoughts of great thinkers and thinkers in this field.Among the important results of the research,we can point to a new reading of the concept of worker and work and that the impact of new technologies will not cause the exploitation of workers.
International Law
Saman Shafiee
Abstract
Body searches, especially strip and cavity searches or intimate searches, inherently violate human dignity and privacy. However, prisons have no other way to prevent the entry of prohibited objects and substances. That’s why international institutions and documents protecting human rights have ...
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Body searches, especially strip and cavity searches or intimate searches, inherently violate human dignity and privacy. However, prisons have no other way to prevent the entry of prohibited objects and substances. That’s why international institutions and documents protecting human rights have occasionally accepted their use. Although they have considerations regarding the method of application and implementation, especially for special groups such as children and patients. This research is trying to evaluate the conditions under which body search may lead to inhuman treatment and even torture by using library and documentary sources and to answer these questions: where is the threshold for entering the forbidden territory in the body search? And to what extent are Iran's laws and regulations in line with human rights standards? The findings of this research show that Iran's criminal system has taken into consideration the basic issues of human rights standards by specifying the prohibition of strip and cavity searches except in exceptional cases and subject to meeting conditions in the executive regulations of the prisons organization. However, it is necessary to provide considerations for some sensitive groups, such as children and teenagers, in laws and regulations for full compliance with human rights standards.
Public Law
seyedeh zahra saeid
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 ...
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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 of relations between government and parliament as well as within the executive branch. The purpose of above reviews is to reject the claim of semi-presidentialism of the political system of the Islamic Republic of Iran.
In the 1358 Constitution, in opinion and not necessarily in practice, the relationship between the government and the parliament was in accordance with unified government. In addition, we were facing a divided government at the level of the executive branch. According to the amendment of the constitution and the removal of the prime minister as the guarantor of unified government and holding separate presidential and parliamentary elections, the relationship between these two institutions can be examined in the form of a divided government. Due to the exclusive, joint and overlapping executive powers between the leadership and the president as stipulated in the constitution, creation of divided government at the level of the executive branch as well, is worth thinking.
Public Law
kazem Ahmadi; Seyed Naser Soltani
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 ...
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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 such an individual could effectively protect the constitution in times of crisis. Schmitt challenged the liberal concept of a neutral and objective state, claiming that such a state is inherently incapable of making crucial political decisions necessary for safeguarding the constitution. He also criticized liberal democracy, arguing that it leads to a fragmented and indecisive political landscape, rendering it ineffective in maintaining the unity and cohesion of the state. Schmitt contended that the constitution, as the embodiment of the state's identity, cannot be protected solely through legal mechanisms but requires a strong and decisive political will—one that can act in the face of uncertainty and crisis. This article takes a descriptive-analytical approach to Karl Schmitt's critiques, a prominent German legal theorist, on liberalism, democracy, and parliamentarism, and examines their implications for the protection of the constitution.
