Criminal Law
MohammadAli Kazemnazari; firooz mahmoodi
Abstract
Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation ...
Read More
Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation of the law, defining the crime, determining the punishment and applying it, as well as the implementation of the criminal justice system, have been examined by the thinkers of this field in explaining and justifying criminalization and punishment. Paying attention to the emergence of problems that this attitude creates on the issue of criminalization and sentencing, as well as examining philosophical and criminological reflections outside the circle of accepting the existence of the state, considering the basic rights of citizens, it is necessary that with a view based on aversion to authority, with an anarchist approach and based on the negation of the concept of the state. In this way, in addition to what we find out, from this point of view, criminalization will not be possible, but it is necessary to take help from the school of restorative justice, which seems to lead nowhere in the space of government authority, but in the space of escaping from authority, it can open the way and be effective.
Ehsan Safian Esfahani; Seyed Mohammad Sadegh Tabatabaei
Abstract
Constructing roads and public parks are among duties of municipalities based on municipal law. In many cases, municipalities are forced to use properties, lands or rights of people on buildings and sources to complete developmental plans. Based on current laws, firstly, the municipality should obtain ...
Read More
Constructing roads and public parks are among duties of municipalities based on municipal law. In many cases, municipalities are forced to use properties, lands or rights of people on buildings and sources to complete developmental plans. Based on current laws, firstly, the municipality should obtain the owner’s consent and then condemn the properties. If there is no agreement, the municipality has the authority to condemn the property based on article 8 of law of land and property condemnation and buying for public, civil and military purposes passed in 2006.
A question is raised here: what is the legal nature of such acquisitions? are the agreements between municipality and owners are subject to general rules of contracts especially free will and sovereignty or they should be categorized as exercise of power by the government ?
The purpose of the current study is to prove that the municipality condemnations are a kind of power exercise by the government and the government has the authority to condemn properties.