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
Post-positivism as Research Approach in the Public Law

Ayat Mulaee; Nusratullah Nabeel Rahimi

Articles in Press, Accepted Manuscript, Available Online from 07 August 2023

https://doi.org/10.22054/qjpl.2023.70022.2821

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 ...  Read More

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

The burden of proof and reasoning based on evidences in the decisions of the Administrative Court of Justice

Hormoz Yazdani Zunuz; Ali Mashhadi

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

https://doi.org/10.22054/qjpl.2023.72337.2872

Abstract
  Considering that the administration enjoys the privilege of public power, in judicial supervision, the rule of "the burden of proof rests with claimant" should be adjusted in favor of the plaintiff. Every citizen who files a complaint in the Court of Administrative Justice is not necessarily a claimant, ...  Read More

International Law
The Position of General Principles of Law in the Interpretation of Treaties

Mahmoud Hajjar; Seyed ghasem zamani

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

https://doi.org/10.22054/qjpl.2023.73747.2902

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, ...  Read More

International Law
A Critical Study of the Convention on the Elimination of Discrimination against Women and Proposing for an Islamic Standard

Hojatollah Mansouri; Soheyla Koosha; Mohammadreza Hatami; Hossein Alkajbaf

Articles in Press, Accepted Manuscript, Available Online from 30 December 2023

https://doi.org/10.22054/qjpl.2023.74496.2910

Abstract
  Protecting the rights of women has been a permanent concern of human rights advocates throughout the last two centuries. Attempts led to the recognition of the principle prohibiting gender discrimination in several core human rights instruments and the Convention on the Elimination of All Forms of Discrimination ...  Read More

International Law
Iran's Approach to the Study of General Principles of Law in the International Law Commission

Abdollah Abedini

Articles in Press, Accepted Manuscript, Available Online from 23 January 2024

https://doi.org/10.22054/qjpl.2024.75798.2929

Abstract
  The general principles of law are considered one of the main sources of international law, which have special features such as filling gaps or legal abstractions, as well as creating coherence in the international legal system. These principles are usually taken from domestic legal systems and some others ...  Read More

Public Law
Wind Gone: A Critique of corporate governance in the Social Security Organization and Civil Servants Pension Fund

Mojtaba Ghasemi; Hasan Johari

Articles in Press, Accepted Manuscript, Available Online from 23 January 2024

https://doi.org/10.22054/qjpl.2024.69214.2812

Abstract
  The ineffectiveness of laws and regulations related to the governance and administration the Social Security Organization and the National Pension Fund is one of the most important causes of the pension crisis in Iran. These laws and regulations have changed the state from a regulator to an interventionist. ...  Read More

International Law
Theories on Necessity of Observing Rules of International Humanitarian Law by Non State Armed Groups in the Light of Non International Armed Conflict in Yemen

Maryam Hosseinabadi; Seyed Qasem Zamani

Articles in Press, Accepted Manuscript, Available Online from 23 January 2024

https://doi.org/10.22054/qjpl.2024.70597.2830

Abstract
  The presence of Non State Armed Groups (NSAGs) in non-international armed conflicts has become a threat to the international peace and security in the last few decades. In this regard, shedding light on the matter of the aforementioned entities' adherence to the rules and regulations of international ...  Read More

Public Law
assemblege theory, a lens for analyzing institutional dynamics from the perspective of public law

atefeh Moradi Eslami; Mohammad Javad Javid

Articles in Press, Accepted Manuscript, Available Online from 23 January 2024

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

Abstract
  While the principle of "certainty" and "legal security" are known as principles of modern legislation; During the transition to the digital age and post-modernism, due to the necessity of rapid socio-economic developments based on technological progress, the principle of uncertainty, innovation and flexibility ...  Read More

International Law
Abuse of Right and Abuse of Process in Light of the Practice of the International Court of Justice

Abbasali Kadkhodaei; Mohammadreza Mohammadi

Articles in Press, Accepted Manuscript, Available Online from 23 January 2024

https://doi.org/10.22054/qjpl.2024.73433.2899

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 ...  Read More

International Law
International law's approach regarding states' obligations to reduce greenhouse gas emissions for the purpose of attaining the goal of countering global climate change.

Meisam Norouzi; Pouya Berelian; Mehdi Eskandari Khoshgu

Articles in Press, Accepted Manuscript, Available Online from 23 January 2024

https://doi.org/10.22054/qjpl.2024.73447.2900

Abstract
  So far, states' obligations to reduce greenhouse gas production have proved ineffective, and greenhouse gas emissions continue to increase. In such a circumstance, the approach to the legal obligation of states to reduce environmental risks associated with greenhouse gas production must provide a fresh ...  Read More

International Law
The commitment of the German government to the standards governing the exploitation of shared waters

Elham Aminzadeh; mersedeh mazloumi; Amirsaed Vakil

Articles in Press, Accepted Manuscript, Available Online from 23 January 2024

https://doi.org/10.22054/qjpl.2024.74256.2907

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; ...  Read More

Public Law
creation and Developments of the concept of political constitution

Fardin Moradkhani

Articles in Press, Accepted Manuscript, Available Online from 23 January 2024

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

Abstract
  The constitution is one of the most important concepts in the law. Scholars have made several interpretations of this concept. One of these interpretations is the legal understanding of the constitution, according to which it is the text that is the highest document in the legal system and is protected ...  Read More

Public Law
Narrowness or expansion of the realm of public rights and interest from the perspective of purposive interpration

Ali Reza Nasrollahi; Mostafa Mansourian

Articles in Press, Accepted Manuscript, Available Online from 23 January 2024

https://doi.org/10.22054/qjpl.2024.74694.2911

Abstract
  The detailed domain of public rights has different and even conflicting ambiguities. Looking at the legal and judicial opinions about the realm of public rights and interest, they can be framed in two general and competing approaches. On the one hand, there are opinions that, with the orientation and ...  Read More

Public Law
Re-analysis of the Nature of Investiture Vote in Constitutional Law of Islamic Republic of Iran In Comparasion to Appointment Confirmation process

seyedeh zahra saeid

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

https://doi.org/10.22054/qjpl.2024.74722.2920

Abstract
  According to the articles 87 and 133 of the Constitution, president must take investiture vote for his ministers from Islamic Consultative Assembly. If representatives change during government tenure, it must not retake investiture vote for ministers. The vote is taken in individual format and on ministers’ ...  Read More

Public Law
The foundations of the legitimacy of the unwritten constitution

Ayat Mulaee; Maedeh Soleymani Dinani

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

https://doi.org/10.22054/qjpl.2024.75391.2926

Abstract
  Although the idea of an unwritten constitution and the identification of this concept can be very challenging and even be used as a tool to circumvent the text of the constitution or as or a template for explaining the nature of political preferences and legitimizing actions that do not have a specific ...  Read More

International Law
The Global Compact as a Supplementary Agreement to Regulate Multinational Enterprises

Milad Haji Esmaeili; Mehrab Darabpour

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

https://doi.org/10.22054/qjpl.2024.75409.2927

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, ...  Read More

International Law
Border without neighbors; Examining Türkiye’s Blue Homeland Doctrine from the Perspective of International Law

Masoumeh Parsoon; ali kadkhodaei; mohsen hataminia

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

https://doi.org/10.22054/qjpl.2023.69176.2811

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 ...  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
Special legal system governing the formation of insurance companies and institutions

Majid Banaei Oskooei; mohammad javad ghorbani

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

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

Abstract
  The importance of providing insurance services in the world today is increasing every day due to its reassuring features, especially in the field of commercial and economic activities, and in most countries, a special form and format is prescribed for the operators of this industry and allowed to operate ...  Read More

Public Law
Positional analysis of Principle 27 in Iran's Constitutional Law System

Mohammad Mahdifar; Faezeh Rafatnejad

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

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

Abstract
  The Freedom of Assembly and Procession has been identified in human documents and legal systems, including the Iranian legal system. What position has the Islamic Republic of Iran accepted for the said freedom in its constitutional law?The findings of the present research indicate that: one. The Constitution ...  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
Challenges of Formation and Development of Legal System of Urban Agriculture

Farhang Faghih Larijani; Elaheh Amani Vamarzani

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

https://doi.org/10.22054/qjpl.2024.74847.2915

Abstract
  Urban agriculture is closely related to the natural and urban environment. Urban agriculture is an irreplaceable part of a city, and regulating urban agriculture depends on legal, economic and social factors. Although in the legal history of Iran, agricultural activity is concluded in urban laws and ...  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
The Theory of Abuse of Authority in Modern Administrative Law

Mohammad Reza Vijeh

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

https://doi.org/10.22054/qjpl.2024.76515.2939

Abstract
  Abuse of Authority is one of the vague and yet complex concepts of administrative law. Judicial precedent and many jurists have tried to explain its foundations and examples and specify its criteria according to the conditions of each culture and legal system. The question is whether there is a clear ...  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

International Law
human rights requirements of states in the utilization of international watercourses: a Case study of Hirmand

Mohammad saleh Anisi; Mahnaz Rashidi; mahdi piri

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

https://doi.org/10.22054/qjpl.2024.77194.2955

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 ...  Read More

International Law
International obligations of governments in reducing risk and prevention of infectious diseases (with emphasis on the crisis of the Covid-19 pandemic)

Roya Zarenemati; S.Ghasem Zamani

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

https://doi.org/10.22054/qjpl.2024.77503.2959

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 ...  Read More

International Law
Human rights, the right to health and artificial intelligence

maysam haghseresht

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

https://doi.org/10.22054/qjpl.2024.77674.2963

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 ...  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