Public Law
Assadollah Yavari; Yousef Bagheri
Abstract
Abstract The referral of claims regarding public and governmental properties to arbitration, according to the Principle of 139 of the Constitution and Article 457 of the Iranian Civil Rules of Procedure and Evidence, is subject to the ratification of the cabinet and information of the Islamic Majlis. ...
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Abstract The referral of claims regarding public and governmental properties to arbitration, according to the Principle of 139 of the Constitution and Article 457 of the Iranian Civil Rules of Procedure and Evidence, is subject to the ratification of the cabinet and information of the Islamic Majlis. This limitation has made some challenges, in particular, in the field of international trade and investment. One of the ways for overcoming these challenges is to know when to take the permission for referral of the claim to arbitration regarding properties mentioned in the Principle 139. The time of the conclusion of the contract or inclusion of arbitration clause in the contract is not significant. This article tried, in a descriptive-analytical method, to justify that the time of taking permission for referral of the claims stated in the Principle 139 to arbitration is from the happening of dispute to the final phase of arbitration process and the execution of the award not the time of the conclusion of the contract. Key Words: Arbitration, Principle 139, Public and governmental properties, Claim, the Time of Taking Permission for Referral of the Claim to Arbitration
Assadollah Yavari; Parham Mehraram
Abstract
Interpretation is a field of study which has extended itself in all area of Humanities. Law is not an exception. Indeed, it needs more than other fields to this subject, because the core of law are statutes and statutes as a texts need to be interpreted. Therefore, law has been always inspired by interpretation ...
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Interpretation is a field of study which has extended itself in all area of Humanities. Law is not an exception. Indeed, it needs more than other fields to this subject, because the core of law are statutes and statutes as a texts need to be interpreted. Therefore, law has been always inspired by interpretation and has inspired it.
Public Law has some unique characteristics which draws a distinction between it and other branches of law. It proposes this question, that whether these characteristics provide a specific way of interpretation for public law. One can answer to this question that although public law does not have specific method of interpretation, it enjoys different interpretational schools in different ways. For example, nowadays, the inefficiency of Originalism in some area of public law is well demonstrated. In constitutional law, the key role of constitution as a most important document in distribution of power, freedoms and rights and its ambiguous and general terms presents some problems for Orginalism, which believes in determination of meaning. In administrative law, regarding the fundamental developments in the modern administration and the hesitation about some premises of it -such as rule of law and separation of power- Originalism faces with a crisis. Therefore, there are some growing trends toward dynamic ways of interpretation. This debate plays a pivotal role in distribution of power between judiciary and administrative institutions.
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.
