Public Law
mohammad ghsem tangestani; Abbas tavazoni zadeh; Mohammad Hossein Sadeghi
Abstract
Given the expansion of the role of the state in society and the consequent increase in relations and disputes between the governed and the government, leaving the resolution of all these disputes to the judiciary is neither possible nor desirable. Accordingly, the design of internal organizational mechanisms ...
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Given the expansion of the role of the state in society and the consequent increase in relations and disputes between the governed and the government, leaving the resolution of all these disputes to the judiciary is neither possible nor desirable. Accordingly, the design of internal organizational mechanisms to expedite the resolution of administrative disputes under the title of "Administrative pre-trial" as one of the alternative methods of resolving these disputes, has been considered by policy makers of various legal systems; However, the idea is still controversial in some countries. Given the practical experiences of the French and British legal systems, the present article seeks to answer the question by a descriptive-analytical method to what extent the prediction of the preschool institution is compatible with the requirements of the Iranian administrative law system? Separating the Administrative pre-trial body from the quasi-judicial and judicial oversight bodies, it seems that the interpretation of the will of the founding power on the one hand and the provisions of important laws such as the law of permanent provisions of the country's development plans and the law of the Sixth Development Plan and Existence The existing Administrative pre-litigation mechanisms in some executive bodies all confirm that not only is pre-litigation legally possible, but also its recognition in order to reduce the volume of cases before the Administrative Court of Justice, at least in the case of some important and recurring cases. its necessary.
Public Law
mohammad ghsem tangestani
Abstract
The formal law education system in several universities in a significant number of countries has for more than three decades experienced the relatively rapid development of institutions called "Law Clinics". This institution is a special establishment in faculties of law with dual educational and service ...
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The formal law education system in several universities in a significant number of countries has for more than three decades experienced the relatively rapid development of institutions called "Law Clinics". This institution is a special establishment in faculties of law with dual educational and service / social functions. In our country, the above idea has been designed and implemented with different models from a decade ago in a number of governmental and non-governmental universities in the country. Considering the development of the mentioned institutions in recent years and the necessity of setting the necessary legal frameworks for preparing and approving the rules and regulations related to the establishment and operation of law clinics, the leading research with descriptive-analytical method, while examining the concept of the above idea, Its functions and benefits seek to answer the question of what are the legal and extra-legal challenges and requirements for establishing university law clinics in Iran? According to the findings of this study, the effective establishment of this institution in Iran will not be possible without solving the numerous financial, administrative and educational challenges. The special emphasis of this research is on the necessity of adopting necessary solutions and arrangements to provide sufficient financial resources required for the establishment and operation of law clinics, approval of relevant legal documents by competent authorities and design of an appropriate educational system for full and effective implementation of the above idea. Thus, the legal system and the higher education system of Iran have not yet provided the conditions and requirements for the establishment and then the establishment and development of these clinics; Of course, this can only be achieved through the mutual cooperation of government authorities and non-governmental organizations, as well as the community of lawyers. I
Asadollah Yavari; Mohammadghasem Tangestani
Abstract
Along with concentrating on enhancing Independence of judges and judiciary from executive power, Importance and necessity of judicial accountability (both judges and judiciary) have been concentrated in many studies. Accountability of judiciary as an institution is related to managerial level of this ...
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Along with concentrating on enhancing Independence of judges and judiciary from executive power, Importance and necessity of judicial accountability (both judges and judiciary) have been concentrated in many studies. Accountability of judiciary as an institution is related to managerial level of this branch and performance of its authorities in administering of it and executing relevant laws. Here, Judiciary is seen as an organization has some of the state responsibilities. With attention to importance of maintaining judicial independence, mechanisms of judicial accountability have been concentrated. In this essay, we illustrate the concept of judicial independence and accountability, mechanisms of accountability of judiciary in comparative law and legal situation of judicial independence and accountability in Iran.
