Public Law Researsh

Abstract The principle of tangible justice requires legal proceedings to enjoy sufficient
level of transparency. The principle is viewed as underlying a key human right
as a general presumption that there is to be judicial openness as a firm rule,
with secret or obscured proceedings to be considered exceptional, requiring
justifiable grounds. The present paper investigates the human rights role of
media in the judicial system and examines both the challenges and the benefits
of such mechanism in Iranian courts of law. The paper begins with an overview
of the concept of judicial corruption and explores the Iranian laws as to discuss
the applicability of media in the judicial system of Iran. Making reference to the
role of media in Iran’s recent lawmaking developments including penal
procedural law 2013 and the penal code of 2013, It concludes with proposing a
number of recommendations on the subject

Abstract By virtue of the authorities prescribed by various laws and regulations
including the “Law of University Board of the Trustees Formation” , The “Law
of Goals and the Authorities of Ministry of Science and Technology” and
article 20-B of Iran’s Fourth Development Law , universities are not bound to
general obligations provided for state organizations / elements including
particularly those in the law of Public Accounting, Civil Service Management
Law, the Law of Bidding and Tenders and rather only bound to bylaws drafted
by their board of trustees who may legislate in a wide variety of affairs including
employment, administrative and financial policies. The question here is where
do these regulations stand in the pyramid of legality? What is it the enforcers of
law should do where these resolutions may contradict the constitution, laws
passed by congress, statutory resolutions of the High Council of Cultural
Revolution or the decisions of the cabinet?! Whether the authority and
enforceability of such resolutions are only limited to universities or may also
extend to other executive governmental bodies as well?! . Given the lack of
relevant precedent in regards with exercising the extravagant authorities
granted to the boards of trustees by the said laws and regulations, it is of grave
importance to tackle on the subject and study its surroundings. This thesis is
aimed at studying and investigating the validity, legal position and the scope to
which these resolutions are enforceable.

Abstract Today Decentralization, has been globally accepted as a modern approach in
administration of nation –states. The conviction is that it must be governed and
codified by various principles so that it may serve as guidelines both in theory
and practice and to be applied by commentators, scholars and authorities in
policy-making and law-making process and in shaping various political,
administrative and judicial policies. The principle of administrative freedom of
local units, the principle of priority in implementation by local units, and the
general condition of competence are instances of the principles existing therein.
In Iran, due diligence has neither been paid to such principles in regards with
policy-making and law-making process nor as to any decentralization project
carried out across the country thus far .The reason behind this is probably that
the said principles hardly have any reflection in the countries constitutional –
administrative doctrine . The present article, particularly by making reference to
their status in France jurisdiction, shall use investigative - descriptive approach
as to identify these principles in French administrative law, then it employs
analytic approach in reviewing the absence of such principles in Iran’s law and
the implications thereof

Abstract Iran’s telecommunication regulatory body may well serve to frame and
implement an executive legal framework to govern the activities and relations of
public and private sector in a sense that suitable grounds for smooth activities of
private sector is put in to place and the requisites for privatization , liberalization
and a fair competition in its various sectors are duly attained .Telecommunication
sector in Iran is one of the leading markets for it enjoys a specialized regulatory
body. Given its important position, the said regulatory body should enjoy such
efficiency in a sense that competitiveness may be maximized in the said market.
International Telecommunication Union has set forth principles, norms and
objectives for such regulatory bodies. The said norms and principles require the
regulatory body to be well-balanced and stable, to stay sufficiently trained, to
maintain optimum level of authority and to be prompt, impartial, independent and
transparent. This paper seeks to investigate the current status and the
organization of the said body with reference to the said norms, criteria and
principles set forth by ITU as to work out the advantages and the pitfalls and to
propose solutions for challenges faced in advancing and improving
competitiveness in telecommunication market in Iran

Abstract "Rights" and "Public Interest" are among the key elements of political , legal
, ethical and social discourse in almost any society around the world including
the contemporary legal and political discourse of Iran. Meanwhile, societies
inevitably have certain reciprocal tensions resulting from diversities in their
ethical believes and contradictory claims.
That is why theorists in political philosophy and modern law have strived
towards advancing solutions to such controversial strains. To name a few,
Hobbes and Hegel have theorized the notion of State Interest, recognizing the
interest of a limited number of governors as public interest, based on which they
privileged it over individual rights and freedom of citizens. Granting, devesting
, dispensing or restriction of any sort of individual rights they maintained could
only be realized under the auspices of the same . This theory has its own
advocates and critics in Shiiat world .Shaikh Mofid and Shaikh Toosi are among
the proponents whereas Shaikh Ansari and Imam Khomeini fall under the
category of opponents. In this paper, after introducing State Interest doctrine,
we shall later review the misconceptions and practical challenges around the
concept in light of Balance theory as a convergent theory in the relation between
individual rights and public interest.

Abstract Scattered and casual legislation is one the deficiencies inflicted on legislative
system of Islamic Republic of Iran. Scattered legislation may be defined as
disparate, casual and excessive legislation with almost no serious attention paid
to other interrelated parts of the legal system. This may be the result of
legislators rush towards exercising their legislative power with little recourse to
their surveillance capacities. Casual legislation may particularly harm people’s
accessibility to justice generally promised by the legal system (that is people
consciousness and awareness of laws) which is considered as a pivotal
characteristic of the rule of law. A brief look at the laws passed by Iran’s
congress may readily lead us to various instances of casual and scattered
lawmaking. This article reviews and categorizes various lawmaking practices in
regards with modification, revocation, cancellation and revalidation of laws as
the most evident instances of scattered lawmaking in Iran. In fact, we may argue
that the rule of law may not be satisfactorily attained unless lawmakers have due
diligence and tactfulness in their job so that people and law enforcement
authorities are expected to be aptly aware and are likely to adhere to the laws so
to be ratified. It seems that obscurity and inaccessibility of laws and regulations
in Iran have led to the inefficiency of its legal system and thereby have hindered
optimum realization of the rule of law

Abstract State intervention in the economy has always been a challengingissues in schools
of economy and Law.Welfare states, bydirect intervention in economy, took over most
of the affairs and caused economic crisisin the West. To curb the downfall, regulatory
states emerged, which sought to flourish and facilitate economic activities by adopting
privatization policies and pursued the goal through extensive legislations in myriad
areas with the hope to best regulate individual behaviors in the domain of economy.
States also happened to grant and empower self-regulatory /autonomous bodies with
legislative authorities which was the outset for the emerge of post-regulatory states.
This article reviews the Intellectual developmentsconcerningthe extent to which States
make intervention in economic affairs from the perspective of public law, through a
comparative study ranging from welfare to post-regulatory governments