ali Mashhadi; . ranagaini . ranagaini
Abstract
According to article 98 of the Civil Service Management Act of Iran, “the acceptance of foreign citizenship” by staff and executives provided that the Ministry of Foreign Affairs confirmation, will result in termination of their public service. Acceptance of citizenship of a foreign country ...
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According to article 98 of the Civil Service Management Act of Iran, “the acceptance of foreign citizenship” by staff and executives provided that the Ministry of Foreign Affairs confirmation, will result in termination of their public service. Acceptance of citizenship of a foreign country while preserving national citizenship leads to the so-called dual citizenship. Despite the many domestic and international efforts to prevent the state of dual citizenship, there are sometimes people who are "stateless" or have "dual citizenship". In recent years, many legal arguments have been raised about the dual nationality of Iranian political authorities. In this paper, some legal dimensions of this issue have been analyzed and evaluated from the perspective of public law teachings. The basic premise of this article is based on the assumption that the mere existence of two nationalities cannot be undesirable in law, but in the case of the political dual nationality authorities, the legislator must be cautious in setting up employment regulations.
Public Law
Morvarid Ahouri; Mohammad Hashemi; Maghsood Ranjbar
Abstract
The approach of liberal and Marxist thinkers, as the two dominant ideas in the twentieth century on freedom, shows their worldview on the issue of freedom and fundamental rights of individuals. The question is, which theories liberals and Marxists hold on the concept of freedom which was gained based ...
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The approach of liberal and Marxist thinkers, as the two dominant ideas in the twentieth century on freedom, shows their worldview on the issue of freedom and fundamental rights of individuals. The question is, which theories liberals and Marxists hold on the concept of freedom which was gained based on historical experience over the past century? Also, to what extent, are their views towards individual rights and freedoms of their citizens and recognition of these rights and freedoms in practice different from each other?! In Berlin's view, Liberals conception of freedom is negative as opposed to Marxists which is a positive conception. Having considered the historical experiences and Marxists and liberals’ views in the last century, it seems that what guarantees the free will and constitutional liberties of individuals is the negative conception of freedom while the positive conception of freedom could lead to denial of free will and ultimately tyranny. Therefore, the main purpose of this article is to study, compare and determine the status of freedom (especially the common interpretation such as negative freedom and positive freedom) in comparison with the principles and rules governing the two political ideas of liberalism and Marxism.
International Law
Morteza Ahmadifard; Mehdi Hatami
Abstract
On January 20, 2018, Turkey launched Operation "Olive Branch" and on October 9, 2019, Operation "Spring of Peace" in northern Syria, violating its territorial integrity and military entry into the country. Also, these attacks continue in a scattered manner. According to Turkish officials, the operation ...
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On January 20, 2018, Turkey launched Operation "Olive Branch" and on October 9, 2019, Operation "Spring of Peace" in northern Syria, violating its territorial integrity and military entry into the country. Also, these attacks continue in a scattered manner. According to Turkish officials, the operation was carried out to eliminate the terror of terrorism and self-defense, given that the use of force in international relations today is prohibited by international law and the UN Charter, this article examines the legitimacy of the use of force by Turkey and examines the behavior, goals and feedback resulting from its actions by citing the principles and rules of International law as well as some international jurisprudence, determines that Turkish government has violated the important principle of the prohibition of the use of force which is explicitly stated in paragraph 4 of Article 2 of the Charter, and the reasons given by the authorities of that government, including the fight against terrorism and legitimate defense, cannot justify a violation of this fundamental rule.
elham amiri; seied mohamad hashemi; vali rostami; bijan abbasi
Abstract
The issue of pension payments is a serious challenge for governments in today's world. As the main institution, which is faced with a large number of new pensioners every year, governments seek to create pension systems in line with the political-economic structure of the country. The pension payment ...
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The issue of pension payments is a serious challenge for governments in today's world. As the main institution, which is faced with a large number of new pensioners every year, governments seek to create pension systems in line with the political-economic structure of the country. The pension payment system in European-American countries is older than the domestic situation, and for this reason, in order to organize and reform the pension payment system in Iran, it is necessary to refer to successful cases in this regard. In this regard, Norway is one of the countries whose pension system has created the highest level of welfare for retirees, and this has led to a relatively high level of social satisfaction with the government. Compared to Norway, the pension system in Iran is facing many weaknesses and problems, so much so that this issue is named as the third major problem in the country. The defective structure of pensions in Iran is moving in the direction that providing pensions is one of the most important challenges of the government. It can be a way to model and reform the pension system in Iran.
Dariyoush Zarouni; Ali AKbar Gorji; Behroz Behbodian
Abstract
The citation of constitutional principles in judgments of the courts is one of the issues related to the evidence of the verdict. It is obvious to cite the principles of the constitution in the constitutional courts, but in ordinary courts, i.e. criminal, legal and administrative courts, not all the ...
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The citation of constitutional principles in judgments of the courts is one of the issues related to the evidence of the verdict. It is obvious to cite the principles of the constitution in the constitutional courts, but in ordinary courts, i.e. criminal, legal and administrative courts, not all the principles of the constitution can be cited, and only some of the principles can be invoked. The inviolability of a country's constitutional principles in court rulings depends on the type of system of compliance of the statutes of parliament with the constitution, the extent of the constitutional principles, the substantive and formal principles contained in the constitutions, and the training and morale of judges in invoking constitutional principles. Due to the different effects of these factors from one country to another, the amount of citation to the principles of the constitution in the courts of different countries is not the same and is different. In Iran, due to the non-acceptance of judicial supervision in accordance with ordinary laws and the Constitution, most cases of citation to the Constitution in court rulings are related to principles such as Articles 37 and 49 that the Constitution in order to constitutionalize rights and other reasons, accepts citable principles.