Public Law
Ebrahim mousazadeh; Ali Reza Nasrollahi; Mostafa Mansourian
Abstract
Judicial review, due to its unique features, including the guarantee of coercive executions, has a decisive role in realizing the rule of law and guaranteeing the rights of citizens. The legal system of the Islamic Republic of Iran clearly recognized the category of public rights and interest in the ...
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Judicial review, due to its unique features, including the guarantee of coercive executions, has a decisive role in realizing the rule of law and guaranteeing the rights of citizens. The legal system of the Islamic Republic of Iran clearly recognized the category of public rights and interest in the field of administrative proceedings by approving the amendment of the Administrative Court Law (2023). This is the case that with the passage of more than a century of public rights and interests, these rights are still facing challenges in their birthplace, which is the criminal law. The Constitution, as a document containing the highest legal norms, requires public institutions to follow it. The Constitution of 1358 by establishing the "restore" of public rights and interests anf specifying the "duty" of the "judiciary" has drawn up the framework of proceedings in this field. In this way the question that arises in the meantime is "How is the order of the constitutional legislator to restore public rights and interest matters in the administrative proceedings?" The writing with the analytical method and using library sources especially the review of the opinions of the basic founders comes to the conclusion that the restoration of public rights as the duty of the administrative court is accompanied by foundations, criteria and requirements which are centered on interpretation methods. Verbal and practical oriented is not realized.
Criminal Law
RAHIM NOBAHAR; iraj khalilzadeh
Abstract
This article has drawn various kinds of conflict in implementation of punishments in jurisprudential (fiqhi) approach and from Iranian penal code’s point of view. Since the crimes and punishments have not been classified based on the seriousness and weakness of crimes it is complicated to find ...
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This article has drawn various kinds of conflict in implementation of punishments in jurisprudential (fiqhi) approach and from Iranian penal code’s point of view. Since the crimes and punishments have not been classified based on the seriousness and weakness of crimes it is complicated to find the ways of conflict resolution in case of conflict in implementation of punishment. The article emphasizes that one decisive criterion for conflict resolution in implementation of punishments in Islamic jurisprudence is the priority of those relating to God’s rights over those containing people’s rights. The article has shed light on the nature of God’s rights (Hagh Allah) punishments and people rights (Hagh al-Nas) punishments and the examples of each category. The article explains evidences in favor of priority of people rights over God’s rights and criticizes the position taken by Iranian penal code over the issue. At the end, the article suggests proposals for improvement of the related articles and regulations in Iranian criminal law