Public Law
Ayat Mulaee; Nusratullah Nabeel Rahimi
Abstract
IntroductionThe importance of research methodology is already highlighted, as the validity of knowledge depends on aligning the research design and methodology with dominant paradigms. Post-positivism is a contemporary philosophical approach that has developed in response to criticisms of positivism. ...
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IntroductionThe importance of research methodology is already highlighted, as the validity of knowledge depends on aligning the research design and methodology with dominant paradigms. Post-positivism is a contemporary philosophical approach that has developed in response to criticisms of positivism. It plays a significant role in research methodology, influencing both the research process and the output. As a theoretical legal inquiry, the present research employed a descriptive–analytical method to examine the applicability of post-positivism in research on public law. The research question is as follows: Can post-positivism be applied as a research approach in public law? Literature ReviewThere is a lack of Persian-language publications on post-positivism as a research approach in public law. However, there are a few studies in the broader field of research. For example, the article “The Turn Towards Post-Positivism” (Tayeb, 2002) discusses post-positivism from the perspective of social sciences, addressing its challenges as well as the reactions it has generated. In “Introducing a New Framework for Epistemology of Future Studies,” Chaparak et al. (2019) explored positivism in the context of social sciences and examined future directions in epistemology. Its relevance to the present study lies in its forward-looking approach and the consideration of emerging developments in the field of knowledge. Moreover, Eftekhari’s “Positivist Methodology in Security Studies” (2003) addressed the criticisms of positivism and offered a detailed discussion of its classifications, which is fundamentally significant for the concern of the present research. As reflected in the existing literature, the current article presents a new perspective within Persian-speaking academia, as no prior research has addressed post-positivism in the context of public law. Materials and MethodsAs a theoretical legal study, this research employed a descriptive–analytical method to examine the applicability of post-positivism in research on public law. Results and DiscussionThe post-positivist approach enables researchers to move beyond linear thinking and embrace epistemological diversity as a core scientific principle. It also emphasizes the importance of interpretation and the practical application of theories. Research within the post-positivist paradigm can be both quantitative and qualitative. The qualitative post-positivist research aims to describe ongoing processes or the prevailing values within a society. Moreover, this type of research is to predict the reproduction of actions in individual interactions by examining temporal, cultural, or spatial conditions. As a developing discipline, public law critically needs to engage with issues at both foundational and philosophical levels. Without a thorough examination of its intellectual and methodological underpinnings, drawing reliable conclusions in empirical matters remains unlikely. Acknowledging this need, the current research aimed to explore the pre-methodological nature of inquiry and, in turn, assess the potential of post-positivism as a viable research approach in public law. Intellectual and philosophical schools of thought serve as research paradigms that shape a structured path toward scientific understanding. This is particularly important in the humanities for two key reasons. First, not all forms of knowledge possess scientific validity; only those examined through the lens of philosophical schools—where the researcher clearly situates themselves within a specific research paradigm—can be considered scientifically sound. Second, we are living in an era where many concepts in academic community lack rigorous scientific substance and often fall within the realm of semi-valid or even pseudo-science. Approaching public law through the perspective of philosophical schools offers a valuable criterion for distinguishing genuine scientific inquiry from pseudo-science. At the theoretical level, post-positivism emerges as a response to the criticisms directed at positivism. Proponents of post-positivist seek to develop an approach that not only addresses these critiques but also aligns with the real complexities of the contemporary world. As a research paradigm, post-positivism contributes to methodological discourse by making research methods more structured and meaningful. ConclusionAccording to the findings, post-positivism has applicability as a research approach in public law. Viewing public law through the lens of post-positivism allows localized and experiential perspectives on legal concepts to be accepted as fundamental principles. Furthermore, post-positivist framework enables public law scholars to rely on descriptive and historical research methods—as a means of contextual understanding—rather than solely on statistical techniques. In summary, post-positivism equips public law researchers to adapt to evolving circumstances and encourages them to move beyond an insular approach to concepts and realities.
Public Law
Mohammad Jalali; Seyede Fateme haghighat talab; Reza Sharifyazdi
Abstract
IntroductionThe experience of drafting a constitution in Iran has a long and complex history. Awareness of the need for a constitution dates back to the Qajar era, when a number of intellectuals and prime ministers began to recognize its importance. Figures such as Mirza Hussein Khan Sepahsalar even ...
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IntroductionThe experience of drafting a constitution in Iran has a long and complex history. Awareness of the need for a constitution dates back to the Qajar era, when a number of intellectuals and prime ministers began to recognize its importance. Figures such as Mirza Hussein Khan Sepahsalar even went so far as to draft constitutional proposals, though none of these early efforts resulted in an official constitution. Nonetheless, these initial steps laid the groundwork for the eventual success of the 1906 Constitutional Movement (known as Mashruteh) and the establishment of the National Assembly (or Majles-e Shora-ye Melli). Iran’s first constitution (known as Qanun-e Asasi-ye Mashruteh) was ratified by the National Assembly in 1906 and 1907. It consisted of two documents: The Fundamental Law (Nezam-Nameh-ye Asasi) and the Amendment (Motammem). The reason for having two separate charters lies in the unique circumstances surrounding the approval of the main document. The Fundamental Law was drafted hastily due to special circumstances, resulting in the omission of several essential principles. Over time, these shortcomings became evident, prompting various individuals and groups to advocate for an additional law. This led to the creation of the Amendment, which was intended to complement and complete the Fundamental Law. The Persian Constitution of 1906 was the foundational document that marked the end of absolute monarchy and the beginning of the rule of law in Iran. It also addressed the rights and freedoms of Iranians. As such a significant and valuable text, it deserves thorough research, particularly as a starting point for understanding the concept of constitution in modern Iran. However, as many scholars and historians have pointed out, it has not received the attention or analysis it truly merits. Literature ReviewA comprehensive, standalone investigation into the Persian Constitution of 1906 and the details of its drafting has yet to be conducted. However, certain aspects have been addressed in the literature. For instance, the entry titled “Constitutional Revolution” in Encyclopaedia Iranica explored the topic from different perspectives (Amir-Arjomand, 1992). The article “Iran’s 1907 Constitution and Its Sources: A Critical Comparison” (Massie & Afary, 2018) examined various aspects of the Persian Constitution of 1906, including its drafting. Additionally, Khobrooy-Pak (2011) discussed relevant themes in his essay “The Search for Lost Laws.” These studies highlight some of the underlying patterns and influences that shaped the Persian Constitution of 1906. Materials and MethodsThe present study adopted a combination of documentary, historical, and comparative approaches to offer a focused examination of the drafting and structure of the Persian Constitution of 1906. First, the study explored the emergence of constitutionalist idea in Iran, early constitutional drafts preceding the 1906 Constitutional Revolution, and the necessity of drawing inspiration from foreign models. Second, it analyzed the drafting process of the Fundamental Law (Nezam-Nameh-ye Asasi) and the Amendment (Motammem), including the selection and composition of drafters and the drafting commissions. Finally, the analysis identified the constitutions that served as references, evaluating their applicability, and gaining a clearer understanding of the motivations and methods behind adopting foreign models. Moreover, the relevant data was collected from historical documents and researches. The analysis focused on biographies of the constitution-makers, as well as the historical and geographical contexts that shaped Iran’s exposure to the countries it drew inspiration from. In this way, the study identified the statutes that served as models for the Persian Constitution of 1906. Finally, the collected data was evaluated and verified, and the model constitutions were compared to assess both the method and the extent of emulation. Results and DiscussionAccording to the results, the majority of articles in the Amendment (Motammem) and many in the Fundamental Law (Nezam-Nameh-ye Asasi) were not original ideas of the constitution-makers but were instead borrowed or, in some cases, adapted from the constitutions of other countries. Regarding the models of emulation, the Fundamental Law drew inspiration from various foreign constitutions, including those of Bulgaria (1879), Germany (1850), Belgium (1831), France (1848), the Ottoman Empire (1876), and Russia (1906). Among these, Bulgaria, Belgium, and Germany were particularly influential, with 27, 19, and 17 articles, respectively, showing similarities to certain articles in the Fundamental Law. Specifically, ten articles were closely adapted from Bulgaria, three from Germany, and one from Belgium, along with minor modifications. However, the constitution-makers demonstrated a degree of independence in their approach, adapting these foreign principles to suit Iran’s unique circumstances and making substantial changes in foreign concepts to align them with the Iranian context.In contrast, only six articles in the Amendment were unique to Iranian law. The overwhelming majority of its fundamental articles were derived from the Belgian Constitution of 1831. Specifically, 94 out of 107 articles in the Amendment were adapted from Belgium. Among the remaining articles, five articles appeared to have been influenced by the Bulgarian Constitution. Some articles adapted from Belgium may have incorporated elements or minor modifications drawn from Bulgaria. In other words, the drafters likely considered the provisions of both the Belgian and Bulgarian constitutions, selectively integrating elements from the latter that they found more effective or suitable for Iran’s context, alongside the Belgian principles. In addition to Bulgaria, the French Declaration of the Rights of Man and the Citizen had a significant influence on drafting the text, particularly in Articles 9 and 28. Article 9 addresses the inviolability of individuals’ lives and property, while Article 28 relates to the separation of powers. Finally, Article 1 of the Amendment can be seen as a model derived from the Ottoman Constitution, due to both the linguistic similarities and the shared religious beliefs prevalent in both countries. ConclusionThe question of why and how nations draft and adopt their first constitution has long been a fundamental issue, particularly within legal and political studies. However, this critical line of inquiry has not been explored as thoroughly as it should in the case of The Persian Constitution of 1906, which stands as Iran’s first formal constitution. In this respect, the present study shed light on the historical development of Iran’s first constitutional elements by analyzing the drafting process, examining the role of the constitution-makers, and identifying the legal models that influenced the two foundational documents of the Persian Constitution of 1906. In addition to the method and extent of emulation, several other questions arise: Why did the drafters of the Persian Constitution of 1906 choose to omit certain articles from foreign constitutions while including others that were unique to Iran and distinct from the reference countries? Moreover, given this approach to emulation, in which category of constitutional laws does the Persian Constitution of 1906 belong, and what shortcomings or improvements can be identified when compared to other types of constitutions? These questions can be a source of inspiration for future research.
Public Law
Samaneh Rahmatifar
Abstract
IntroductionIn the field of public law, democracy creates a clear boundary between the political and administrative layers of the government. The model of democracy is applied in the political layer, while the administrative layer operates based on meritocracy and specialization. Democracy often remains ...
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IntroductionIn the field of public law, democracy creates a clear boundary between the political and administrative layers of the government. The model of democracy is applied in the political layer, while the administrative layer operates based on meritocracy and specialization. Democracy often remains behind at the door of the administration, mostly under the pretext of quality, complexity, expertise, and delegation (Zweifel, 2005). As a result, the legitimacy of the administration becomes questionable. Moreover, the shortcomings of representative democracy have raised serious concerns about the democracy in the political layer. One proposed solution is the restoration of direct democracy. The main objective of the present study was to adapt the components of direct democracy to the specific needs of public administration, thereby facilitating the application and restoration of democracy in this domain. Furthermore, the study tried to identify the components of direct democracy and analyze the demands of the administrative system. The central question is: How can direct democracy be applied within public administration?The underlying hypothesis suggests that the democratization of administrative processes is both plausible and achievable, just as democracy has been successfully integrated into businesses, political parties, governmental bodies (e.g., parliaments), and non-governmental organizations (NGOs). Through a series of gradual reforms, there is a strong potential to shift democracy from being merely a political ideal to becoming an integral part of everyday life.Literature ReviewThere is extensive research on the outcomes of democratization of private organizations. Much of this literature owes to the effort of scholars in management science. These studies often revolve around key terms such as organizational democracy and workplace democracy, with a primary focus on improving human resource factors. For instance, in “Organizational Democracy and Employee Outcomes,” Ahmed et al. (2019) examined the positive effects of participatory management practices, evaluating their potential to reduce employee turnover, increase commitment, improve competence, boost job satisfaction, and enhance overall efficiency.Materials and MethodsAdopting a descriptive–analytical method, the present study first identified and described the components of direct democracy and the requirements of administration. Then, a comparative approach was used to analyze the relationship between the components.Results and DiscussionDemocracy is often seen as a means to achieve socio-economic goals within the organization (Bilge et al., 2020). Organizational democracy entails the continuous and inclusive participation of employees in organizational affairs, influencing the organizational culture rather than the inherent relation dynamics (Weber et al., 2023). However, there are two significant gaps in the existing literature. First, there is a noticeable lack of studies that position direct democracy as the organization’s primary objective or ultimate value, while exploring a comprehensive methodology for its implementation. Second, the contextual emphasis tends to overlook the legal aspects involved in democratically managing administration. The democratization of administration is closely related to the concepts of organizational democracy and workplace democracy. It represents a key requirement of a democratic political system and serves as an example of the right to public participation, as outlined in Article 21 of the Universal Declaration of Human Rights (UDHR). In political societies, there are significant indicators of a declining public interest in representative democracy, including reduced voter participation and a waning desire to join political parties. In response to these trends, experts advocate for strengthening mechanisms of direct democracy, akin to a revival of Athenian democracy. However, implementing such an approach on a national scale is considered impractical in today’s crowded and complex societies. Instead of continuing efforts to restore direct democracy at the national level, which may lead to further disillusionment with the democratic process, a more pragmatic solution would be to ensure and promote it at sub-national levels and within smaller, less populous communities. The administration is an institution where a significant number of citizens are employed, while an even larger number interact with it daily to access public services. As a result, the adoption of democracy within the administration—particularly through direct democratic methods—not only offers an initial opportunity for a democratic experience but also helps to deepen democratic values within society. This, in turn, strengthens democracy and fosters hope for its wider application at the national level.ConclusionThe components of direct democracy include the promotion of value-legal equality among citizens, pluralism, public participation and supervision, the protection and promotion of human rights, consensus-based decision-making, the existence of a general assembly, and the rule of law derived from these principles. These components can be realized in the administration through the following ways: Establishing an inclusive assembly of employees, achieving decision-making within the assembly through consensus, eliminating administrative hierarchies, ensuring active participation, enabling all employees to monitor internal affairs, proposing employment criteria and addressing violations through legislative authorities, and establishing a consensus-based regulatory framework among employees. The participation and oversight of all citizens and their representatives in administrative affairs are made possible through the framework of administrative democracy. As a result, direct democracy in administration can take on a consultative, yet primarily binding, nature—initiated by employees—and extending beyond fundamental matters to encompass the daily issues of administration. The findings confirmed the hypothesis that suggests the possibility of democratization of public administration in a manner similar to the processes in political parties, NGOs, and international organizations. It is now evident that democratization is possible, but only with significant changes, particularly in hierarchical relations. This implies that establishing direct democracy within the administration is impossible while maintaining the current structure. A thorough examination of the hierarchy requires independent research. In Iran’s administrative–legal system, there are scattered regulations that, if reinforced, could serve as a foundation for initiating the democratization process. However, the hierarchical structure and the lack of historical experience with direct democracy present significant obstacles to its implementation.
Public Law
Rohollah Moazeni; Seyedeh Zahra Pourrashid
Abstract
Introduction Since its establishment in France in 1800, the governorate has served as the state’s high representative and the guarantor of the unity of the state and the nation within the territorial boundaries. Later on, the Iranian legislature also adopted the fundamental principles of the French ...
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Introduction Since its establishment in France in 1800, the governorate has served as the state’s high representative and the guarantor of the unity of the state and the nation within the territorial boundaries. Later on, the Iranian legislature also adopted the fundamental principles of the French governorate system. These principles were incorporated into Iranian legal and political literature through two key laws: the Country Divisions Law of 1937 (1316 S.H.) and the Law on Determining the Authority of Governors enacted in 1960 (1339 S.H.). The primary purpose of this institution is to represent the central government at the local level and to coordinate administrative departments in implementing the government’s public policies.There is an ongoing concern about how the division of duties and authorities has evolved over time. In recent years, high-ranking officials in Iran—including the President, ministers, and governors—have officially highlighted the inadequacy and imbalance between the authorities and responsibilities of governors, calling for an expansion of their powers. However, two key issues remain somewhat unclear. First, it is not precisely defined which specific jurisdictions are limited in terms of the governor’s authority. Second, the strategies adopted by Iran’s central government to create a better balance between central and local powers have yet to be clearly articulated. Relying on a comparative analysis, the present research aimed to examine the new role of governors under French law, where it enjoys a relatively balanced position. It tried to compare the French system with the legal norms in Iran and to propose a more effective model for enhancing the accountability of governors in implementing the central government’s public policies in Iran. The analysis focused specifically on the outcomes of decentralization and its impact on the authorities and duties of governors. With the support of various legal texts and by adapting to evolving practical procedures, governors exercise a new form of authority over non-centralized sectors—those subject to deconcentration. This is an area where the French innovations are largely absent from Iranian law. The research sought to address the following questions: Is there a need to expand the authority of governors in the context of Iran’s non-centralized system? If so, in which areas and through what means and instruments should this authority be expanded?Literature ReviewIn the Persian legal literature, there is a noticeable lack of comprehensive sources that examine the authority of governors within the processes of decentralization and deconcentration. Yet there are a few relevant studies. For example, in the article “A Review of Local Governance Organization in Iran: Legal and Administrative Challenges and Solutions,” Shams (2017) focused on the historical development of administrative styles in Iran and explained the factors driving Iranian officials toward centralization. The article titled “A Comparative Introduction to the Territorial Decentralization in Iran” (Aghaei Toogh, 2018) explored three key elements of local decentralization in Iran and France: legal personality, the general competence of local decentralization authorities in France, and the elective nature of decentralization authorities in both countries. While both studies provide valuable insights, their points of focus differ significantly from the current research.Materials and MethodsThe current research began with an analysis of legal texts, as they form the foundation for understanding the principles that govern deconcentration processes. Several key laws and regulations that had contributed to deviations from previous frameworks were examined and evaluated. However, these legal norms do not necessarily provide a complete or accurate picture of the governor’s current position and powers. It seems that governors need to develop an understanding of legal norms and align themselves with them in order to lay the foundations for their new role. Nevertheless, practical procedures and customary practices must not be overlooked, as they play a crucial role in the actual exercise of the governor’s special prerogatives and are deeply intertwined with them.Results and DiscussionJust as the highest executive authority at the national level is responsible for ensuring administrative and political coherence and serves as the core of governmental power (the dignity of the presidency), the governor at the provincial level carries duties and authorities that closely resemble those of the highest political authority. The governor acts as the guarantor of unity between the state and the people within the province. The current study comparatively examined the question of what authorities a governor should have to fulfill these critical responsibilities and implement the government’s public policies in the province. In France, the issue of the governor’s insufficient authority has never been a point of contention. Instead, since the early 1980s, the focus has been on expanding decentralization programs and enhancing the duties and authorities of local–council institutions. A significant number of duties and authorities previously held by the central administrative system have been transferred to these local institutions. As a result, the governor, on behalf of the central government, no longer directly intervenes in these areas. Instead, the governor’s role has shifted from that of an executor to one of supporting and promoting projects. One of the most complex aspects of the governor’s duties is their influential role in relation to local institutions. In this respect, the governor’s significance extends beyond legal and organizational powers; they also serve as a communicative bridge, with the potential to initiate special initiatives through interactions with local representatives. A key example of this role is found in the government–region contracts and projects in France. Thanks to this role, local institutions often view the governor as a supporter of their development programs. ConclusionThe research findings suggested that the authority of governors in Iran over local non-centralized institutions is not only insufficient but also requires significant reform to increase their power and supervision capacity. Such reforms are necessary for governors to effectively coordinate the various institutions established in the region (decentralization). Another key finding is that the role of governorate is both complex and unclear. The solution lies in adaptability and continuous innovation, rather than merely expanding legal authority. The procedures, continuity, and stability in the central government’s efforts to strengthen decentralized institutions, particularly the role of the governor, are likely to yield more tangible results than simply modifying or enhancing legal instruments. Moreover, given the complexity and multifaceted nature of the governorate, the government should give greater consideration to the selection of governors and their qualifications. A comprehensive transformation in the scope of decentralization in Iran—while also reducing the governor’s authorities in this area—could create an opportunity to enhance the governor’s ability to promote coherence among central institutions in the province. This transformation could enhance the governor’s capacity to foster greater cohesion among central institutions in the province.
Citizenship rights
Ghodratollah Norouzi; Seyed Ahmad Hosseini Nia
Abstract
IntroductionIn the late 1960s, the concept of right to the city was introduced by the French theorist Henri Lefebvre. He viewed the city as a vast field, a dynamic stage for the realization of people’s aspirations, and a site where revolutions against the status quo unfold. According to Lefebvre, ...
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IntroductionIn the late 1960s, the concept of right to the city was introduced by the French theorist Henri Lefebvre. He viewed the city as a vast field, a dynamic stage for the realization of people’s aspirations, and a site where revolutions against the status quo unfold. According to Lefebvre, the conflicts and struggles that occur in urban spaces serve as a manifestation of the right to the city, which he sees as an advanced form of citizens’ rights. He argued that the right to the city is a kind of lawsuit, driven by citizens’ feelings within urban policies, and aimed at securing people’s rights. In addition to the right to participation, Lefebvre recognized the right of appropriation for citizens. These rights, he suggested, become accessible only when individuals move beyond their isolated existence and engage as active, participatory citizens. In this context, Lefebvre proposed the right to the city as the highest form of rights, encompassing all rights realized in urban life, including the right to freedom. When this right is universally acknowledged, it naturally encourages citizens to engage in its enjoyment and creation, fostering a sense of responsibility for controlling urban spatial and social relations. The idea of the right to the city has garnered considerable attention from theorists. This growing interest reflects how the right to the city has spurred numerous legal and urban discussions and, in practice, contributed to the emergence of social movements advocating for changes in economic policies and the protection of fundamental freedoms. The existence of numerous national laws, regulations, and international charters (e.g., the Universal Charter of the Right to the City) demonstrates the impact of these movements. Nevertheless, research indicates that the right to the city has been more extensively explored within urban engineering, urban planning, and sociology. It is thus essential to examine the topic from the legal perspective, given the increasing urbanization, the evolving needs of citizens, and the limitations of urban facilities. Moreover, the unbalanced development of cities, the challenges arising from marginalization, and the weak role of citizens in solving urban problems justify the need for legal scholars to prioritize this topic. These issues are also evident in Isfahan, Iran. For this reason, the present study aimed to examine the right to the city within the context of Isfahan. Literature Review The works of Henri Lefebvre and David Harvey are considered the primary references within the extensive literature on the topic. However, much of this literature originated from the efforts of non-legal experts. Concerning the Iranian context, Amerian (2015) explored the topic in his M.A. thesis titled The Project Impact Assessment of 15 Khordad Street Pedestrian With a Focus on the Right to the City Discourse. As another instance, The Right to the City (Eslami & Alizadegan, 2020) is a Persian-language monograph treatment of the topic. None of these works are directly related to the concern of the present study in offering the understanding of the right to the city by examining its theoretical foundations with a focus on the mainstream literature. As a result, this study offers significant innovations for legal scholars and provides distinct insights compared to other writings on the right to the city. Materials and MethodsThe present research used the consensus index method, derived from the Delphi model, to assess the consensus, significance, and priority of variables. The consensus index measures the level of agreement among experts regarding the direction of changes, the significance level, or other characteristics of the factors under study. In this method, expert opinions on various factors and drivers are collected to determine their level of consensus on the future direction of changes in drivers, the likelihood of different scenarios and drivers, and the prioritization of drivers. Concerning the data collection, extensive discussions and dialogues were held with a group of experts, and their opinions were collected independently of each other. Their views were then analyzed, and the conclusions were presented back to them. The experts, unaware of each other’s opinions, provided more detailed feedback in subsequent stages, considering the conclusions based on their own perspectives. Following the relevant standards, this process continued until the results were obtained. The results of expert opinions, along with the frequency of responses across different options, were analyzed using the consensus index formula. This formula yields a value between zero and ±N, depending on the number and spectrum of options. A value closer to zero indicates a lack of consensus among experts, while a higher value signifies greater consensus. The current research presented this innovative approach as a societal need, offering a perspective distinct from conventional legal studies. Results and DiscussionThe prioritization results were obtained based on the average score for each item. All 16 components evaluated by experts and stakeholders were recognized as relevant. In the dimension of good urban governance, the components with the highest average scores were the right to participation (3.9), the right to access information (3.65), the right to justice and equality (3.59), the right to the rule of law (3.38), the right to effectiveness and efficiency (3.29), and the right to political stability and the fight against corruption (2.34). In the dimension of protection from danger, the components with the highest average scores were the right to health and safety (3.03), the right to special care (2.8), and the right to emergency preparedness (2.46). In the physical dimension, the highest-scoring components included the right to urban facilities and infrastructure (3.32), the right to housing (3.08), and the right to mobility and transportation (2.48). Finally, in the social dimension, the components with the highest average scores were the quality of life (3.55), basic needs (3.17), awareness and participation (2.87), and social cohesion (2.61). ConclusionFocusing on the right to the city, this study examined what dimensions, components, and indicators should be considered in the metropolis of Isfahan to improve the quality of urban spaces. It investigated how the relationship between people and the political and real aspects of the city can be regulated while respecting the right to the city. Although this research focused on Isfahan, it can serve as a foundation and model for similar studies in other cities.
International Law
Mohammad saleh Anisi; Mahnaz Rashidi; Mahdi Piri
Abstract
IntroductionToday, given the fundamental role of water in human life, water crises are among the most significant transboundary challenges facing humanity. Iran, due to its arid and semi-arid geography, faces particularly difficult water conditions. In some regions, the country relies on transboundary ...
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IntroductionToday, given the fundamental role of water in human life, water crises are among the most significant transboundary challenges facing humanity. Iran, due to its arid and semi-arid geography, faces particularly difficult water conditions. In some regions, the country relies on transboundary rivers to meet its water needs—often from a downstream position. One of the most important of these is the Hirmand (Helmand) River Basin. A treaty has been established between Iran and Afghanistan regarding Iran’s irrigation rights to the Hirmand River. However, despite the treaty’s validity, Afghanistan has failed to deliver Iran’s annual water allocation of 820 million cubic meters, thereby violating the agreement. The water crisis in Iran’s Sistan and Baluchestan Province has now reached a critical level, threatening the lives of its residents. As such, the issue has significant human rights implications. As the artery of Sistan and Baluchestan Province, the Hirmand River plays a vital role in supporting both the livelihoods and the health of local residents, making it essential to explore and highlight the human rights dimensions of this crisis. Literature ReviewThe utilization of international watercourses is governed by a distinct international legal regime. While there is extensive research on this subject, the human rights implications—particularly in Iran—have not received adequate attention. Referring to all relevant sources, this study aimed to fill that gap by examining the Hirmand Basin as a case study. The research is considered innovative in its approach, as it explored the overlap between two key international legal regimes. It identified existing gaps and proposed legal solutions to ensure that human rights are respected in the equitable use of international watercourses, with a particular focus on the Hirmand Basin. Materials and MethodsThe present study built its arguments by comparing and applying general legal rulings to specific events in the Hirmand Basin. Key methods used to provide legal solutions include historical analogy, priority, and similarity. Moreover, the jurisprudence of the International Court of Justice serves as one of the primary foundations for the legal reasoning presented in this research. Results and DiscussionFirst, the study focused on the human rights obligations of governments in the management of international watercourses. It explored various dimensions of the right to access water, providing a substantive analysis of its minimum and maximum thresholds as defined in human rights documents. Key issues discussed include the multifaceted, fundamental nature of this right as well as its transboundary implications. Drawing on international legal sources, the research examined various dimensions and relevant rulings. Then, the method of analogy was used to apply and adapt these rulings to contemporary real-world events. Second, the research examined the nature of issues surrounding the Hirmand Basin. Given the predominantly rural context of the region, the Hirmand water plays a crucial role in the development and livelihood of the local residents. Furthermore, the Hirmand River Water Treaty, a binding international legal agreement between Iran and Afghanistan, underscores the importance of upholding the right to access water. To support the main argument, the analysis relied on relevant international jurisprudence and numerous international opinions to prove the main hypothesis of the study. It appears that the principle of due diligence—recognized as the point of overlap between procedural and substantive rights in international basins—has not been adequately observed in the Hirmand Basin. Moreover, the right to access water in this basin remains questionable. The research identified existing legal gaps by analyzing various aspects of the issue and substantiating the proposed hypotheses. In this context, several important legal solutions are presented, the most significant of which are rooted in human rights literature—particularly in relation to different dimensions of the principle of due diligence. Furthermore, the study highlighted the relevance of human rights monitoring mechanisms under the United Nations Charter, considering them as key legal instruments for safeguarding water rights in the Hirmand Basin. Conclusion Despite the extensive research in this field, it appears that insufficient attention has been paid to the importance and scope of human rights obligations. In this context, international jurisprudence can be leveraged to develop this discussion and place greater emphasis on the dignity of residents in basins such as the Hirmand. The application of the due diligence principle, along with international human rights monitoring mechanisms, can help ensure the fulfillment of states human rights obligations in transboundary basins like the Hirmand.
Citizenship rights
Rezvaneh Mirzavand; Roya Motamednejad
Abstract
IntroductionBiometrics is derived from two Greek words: bios, meaning life, and metrikos, meaning measurement. Biometrics, or biocompatibility, refers to the practical method of identifying and authenticating individuals using biological, morphological, and behavioral characteristics. Biometric data ...
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IntroductionBiometrics is derived from two Greek words: bios, meaning life, and metrikos, meaning measurement. Biometrics, or biocompatibility, refers to the practical method of identifying and authenticating individuals using biological, morphological, and behavioral characteristics. Biometric data can be categorized into the three types: biological data, morphological data, and behavioral data. Biological data involves traits at the genetic and molecular levels. Examples include DNA properties or blood that can be examined through samples of bodily fluids such as blood, saliva, or urine. Morphological data pertains to an individual’s physical structure. This includes features such as the eye (iris and retina), hand shape, fingers, fingerprint, vein patterns, and facial structure. Behavioral data varies based on unique patterns that differ from person to person. Examples include voice recognition, speech patterns, signature dynamics (e.g., speed, swiftness, and pressure), keyboard dynamics, typing patterns, interaction with objects, walking style, the sound of footsteps, and body movements. These patterns can also serve as indicators of individual identity.Despite the sensitive nature of biometric data, there are currently very few international legal regulations specifically designed to protect it. Most existing legal texts address biometric data in a general sense, only within the broader context of personal data protection and privacy laws.The current study aimed to explore the opportunities and challenges facing biometric technology, particularly in terms of privacy concerns.It proposed a conceptual framework focused on biometric technology, with an emphasis on European law (specifically those of the European Union and the Council of Europe). The goal was to analyze how legislation can evolve alongside technological advancements and determine which aspects of biometric data require more precise legal protections. European legislation is currently attempting to strike a balance between encouraging innovation in biometric technology and ensuring the protection and security of biometric data. To strengthenprivacy rights in Iran, the experiences and initiatives of the European Union and the Council of Europe can serve as valuable models for inspiration. Literature ReviewThe approvals available on the European Union and Council of Europe websites allow for the examination of the impact of using biometric data. In this context, particular attention is given to the right to personal data protection and the growing need to strengthen it in the digital age, especially in Europe (Motamed-Nejad, 2019). The book Introduction to Biometrics (Jain et al., 2011) emphasized the importance of biometrics in its final chapter, highlighting the importance of data security and privacy. The edited volume titled Security and Privacy in Biometrics (Campisi, 2013) provided a comprehensive legal analysis of privacy concerns and the protection of biometric data. It also offered several recommendations for establishing a transnational surveillance framework. Another key text is Biometric Security and Privacy: Opportunities and Challenges in the Big Data Era (Jiang et al., 2013). The chapters discussed special biometric technologies, privacy and security issues (e.g., cancelable biometrics and soft biometrics), medical biometrics, healthcare, and human–robot interaction. Moreover, Biometrics in a Data Driven World: Trends, Technologies, and Challenges (Mitra & Gofman, 2017) explores the challenges of using biometric data in social networks, healthcare programs, mobile authentication, etc. The topic has been addressed—directly or indirectly—within the legal frameworks of the European Union and the Council of Europe.Regulatory documents, including transition regulations in the field of data protection, are also relevant. While the relevant sources may be limited, they can be consulted indirectly. Materials and MethodsThe present study employed an analytical approach to examine the regulations of the European Union and the European Council. The library research was used to collect the data, relying on both internet resources and authentic publications such as books and journal articles. Results and DiscussionBiometric data is increasingly used in health-related applications, such as biometric monitoring devices, telemedicine, and electronic health records. Moreover, biometric data plays a role in smart city initiatives, serving purposes like surveillance, public safety, and personalized services. The field of biometric data processing is rapidly evolving, along with its legal and regulatory landscape. New laws, regulations, and guidelines may be necessary to address emerging challenges and ensure the protection of privacy rights. It is thus crucial for organizations and individuals involved in biometric data processing to stay informed about these developments. Research and development in this field can further help reduce privacy risks. In today’s digital age, data privacy is a critical concern. As more personal information is shared and stored online, the risks associated with its collection and use continue to grow. A major concern when processing biometric data is the potential for data breaches. Biometric data can also be misused for illegal activities such as fraud, theft, and impersonation.To address these risks, it is essential that organizations and governments take serious measures to ensure privacy and security, protect civil rights, and prevent discrimination. This includes being transparent about how biometric data is collected and used, obtaining explicit consent from individuals, and enforcing strong security protocols to prevent data breaches. Additionally, biometric systems must be designed and tested to minimize bias and discrimination. It is equally important for individuals to understand the potential risks and consequences of biometric data processing and to take proactive steps to protect their privacy and data security. ConclusionThe use of biometric data can have significant implications for civil freedoms and human rights. As such, legislators play a crucial role in formulating laws and regulations to safeguard the right to privacy and other fundamental rights, especially given the dynamic nature of biometric data processing. Judicial cases and legal procedures also contribute to shaping the legal framework surrounding privacy and biometric data processing. It is essential to offer educational materials and raise awareness about biometric data processing and privacy. Individuals must be informed about the risks, benefits, and their rights in relation to biometric data processing. It is also important to consider the ethical, legal, technological, and social dimensions of biometric technologies to ensure that individual rights and privacy are respected and protected. In an increasingly biometric-driven world, finding the right balance between the potential benefits and risks of these technologies is critical. Above all, privacy must be upheld as a fundamental human right.
Public Law
Malihe Masoudi; Mohammad Emami; seyyed mojtaba vaezi
Abstract
IntroductionConcreteness is one of the most important aspects of Hegel’s philosophy. According to Hegel, a concept is empty and philosophically insignificant unless it is realized, and only when the concept is fully realized can it be considered an idea. The concept of the constitution, a key ...
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IntroductionConcreteness is one of the most important aspects of Hegel’s philosophy. According to Hegel, a concept is empty and philosophically insignificant unless it is realized, and only when the concept is fully realized can it be considered an idea. The concept of the constitution, a key element in constitutional law, is typically understood in an abstract manner. However, Hegel’s emphasis on the concrete approach offers a powerful framework for freeing this concept from abstraction, determining it based on concrete thought. The abstract view of the constitution has dominated Iran’s constitutional laws in the modern era, with contemporary constitutional frameworks being shaped by this abstract perspective. Therefore, revisiting the concept of the constitution through the lens of Hegel’s absolute idealism provides a suitable foundation for concrete conception of Iran’s modern constitutional law. Literature ReviewThere is no serious research directly addressing the problem of the present study. However, a few studies touch upon the concept of the constitution in Hegel’s philosophy. For instance, the article “On the Notion of Constitution in Hegel” (Bobbio, 1980) categorized the positive and negative elements of the concept of constitution according to Hegel’s thought. Yet, the author argues that this categorization of positive and negative elements diverges from the spirit of Hegel’s words and his dialectical method, including his concrete approach. In addition, Hegel’s ideas on freedom, the state, and the constitution are the main topics in “Idealism and the Idea of a Constitution” (Thornhill, 2013). However, Thornhill’s research does not focus on Hegel’s concrete approach. Similarly, in “Hegel’s Idea of the State,” Houlgate (2019) examined the concept of the constitution in the context of Hegel’s notion of the state, but he did not address the concreteness of the constitution. Additionally, Martin Loughlin, a foundational thinker in public law, touched on Hegel’s approach in Fundamentals of Public Law (Loughlin, 2010)) and “In Search of the Constitution” (Loughlin, 2019). While Loughlin discusses Hegel’s perspective on the constitution, his treatment of the concept differs from the approach taken in the present article. Frederick Beiser, a prominent Hegel scholar, did not offer a detailed discussion on the constitution in his book Hegel (Beiser, 2002). While Beiser addresses some Hegelian concepts (e.g., the state), the concept of constitution is mentioned in passing, without direct attention to Hegel’s concrete approach in relation to the constitution. This also holds true of other works published by commentator of Hegel. It is thus evident that there is a gap in literature regarding the concept of the constitution from the perspective of public law foundations, particularly with respect to its concreteness and implications in constitutional rights. Materials and MethodsGrounded in the principles of public law (i.e., fundamental rights), the present study adopted an analytical approach consisting of theoretical and philosophical analysis. More specifically, since the nature and scope of the research topic is rooted in Hegel’s methodological approach, as elaborated in The Phenomenology of Spirit, the analysis sought to adhere to this framework, rather than focusing on the abstract philosophical analysis of the constitution. The approach to understanding the concept of the constitution was thus inferred from the concrete in the context of the evolution of spirit in history. Results and DiscussionThe common approach in constitutional law defines the concept of the constitution in abstract terms, often presenting it as a legal source in document form. This contrasts with Hegel’s idealism, which adopts a different perspective on concepts. According to Hegel, concepts should be concrete, as abstract concepts are seen as empty and devoid of truth. Rather than providing an a priori definition of the constitution, Hegel suggests that one should seek to infer the constitution in the context of the evolutionary history of a nation. From this standpoint, imposing a constitution on a nation is futile. It is not desirable for a nation’s elites to formulate a constitution for that nation at an ideal level, as this would not reflect the true constitution of the nation. The constitution, as the soul of the nation, must embody the real manifestation of the nation’s thought and action within the context of history. The constitution of fundamental principles represents the final stage of a nation’s historical evolution. This last stage of evolution culminates in the establishment of the state, making the constitution, in Hegel’s view, the foundational principle of the state. ConclusionThe findings put forward the argument that the conventional view of the constitution in terms of constitutional rights is a product of the abstraction of the mind, particularly when compared to the instances of constitutions formed in the modern period during the establishment of nation–states. In contrast, the concrete approach to the constitution looks at the concept before its specific instances. From this perspective, the concrete concept of the constitution is not simply a collection of common instances derived from abstracting the similarities between constitutional instances. Rather, it represents the foundational concept upon which these instances are based, with the instances evolving alongside the concept as they manifest in the external reality. Without a concrete concept of the constitution, the a priori definition of the constitution, based solely on an abstract perspective, remains a one-dimensional concept devoid of truth, which can be dismissed because of being arbitrary or unstable.
