MOHAMAD JAVAD JAVID; ZEIN AL ABEDIN YAZDANPANAH
Abstract
Moving from reality to ideal will be a step towards understanding why government oversight is not being achieved beyond the psychological and moral critique of public officials, avoiding abstract and non-historical thinking and inviting a paradigm shift in legal thought. In other words, the central question ...
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Moving from reality to ideal will be a step towards understanding why government oversight is not being achieved beyond the psychological and moral critique of public officials, avoiding abstract and non-historical thinking and inviting a paradigm shift in legal thought. In other words, the central question is, beyond the psychological and moral criticism of public officials, what is the missing link in the lack of proper oversight of government actions in Iranian public law? findings are Merely promoting principles and concepts and, consequently, enacting a wide range of laws and establishing oversight mechanisms, the idea of overseeing does not make reality, but Supervision of the actions of government within the framework of public law is a kind of social existence or a form of collective life that arises from the relations between powerful social actors in the context of history and the balance between these real social forces. The recent understanding follows the fundamental insight that our efforts to realize the idea of overseeing government actions in public law through promotion of public law concepts and regulatory prac
Criminal Law
vali rostami; Sina Rostami; Hasan Kabgani
Abstract
The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be ...
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The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be fully in line with the principles of fair trial enshrined in the constitution. Because by reviewing the legal and fundamental principles of the Code of Criminal Procedure, approved in 2013, one may easily realise that some of the provisions of this law are in conflict with the principles of fair trial enshrined in the constitution. Accordingly, it seems necessary to analyze the existing conflicts as well as to examine the possibility for court judges to invoke the constitution, as well as the non-implementation of legal articles contrary to the principles of the constitution. The present study uses a descriptive-analytical method to measure the compliance of ordinary laws related to the principles of superior proceedings and in case of changes and non-compliance, to describe the guarantee of implementation of these discrepancies. The results indicate that the Code of Criminal Procedure, passed in 2013, despite the great progress made in observing the principles of fair trial enshrined in the constitution, in cases related to the right to appoint a lawyer and the publicity of dealing with political and press crimes, the principles related to the separation of powers and other cases, still contain sentences contrary to the spirit of the Constitution.
Public Law
ayat moulaee; behrouz saadatii rad
Abstract
One of the main criteria of the democratic system is guaranteeing the rights and freedoms of the community. This subject will be done through the rule of law towards the organizations and authorities responsible for public affair. Judicial rewiew as one of the tools of the rule of law, in order to enforce ...
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One of the main criteria of the democratic system is guaranteeing the rights and freedoms of the community. This subject will be done through the rule of law towards the organizations and authorities responsible for public affair. Judicial rewiew as one of the tools of the rule of law, in order to enforce citizens' rights, reduces government power. The purpose of judicial supervision is the handling of complaints and petition by people from executive agencies. Islamic development Organization as one of the Revolotionary institutions, this can not be excluded for the power of public authority.In the present paper, using descriptive-analytic research method, this question has been raise: What are the problems of judicial supervision over revolutionary institutions with emphasis on Islamic Development Organization? In response to this question, the Judicial supervision on the Islamic development organization The Administrative court and the public Courts have been discussed in two ways and this is the conclusion: The judicial review on this organization is subject to limitations. The dichotomy of the legal personality of this organization needs to be explained; because it has causesed some problems in the administrative law system and judicial review of the organization.
Jafar Shafiee; Aliakbar Gorji; Ali Ghanei
Abstract
In this article we are going to study instances of the government's actions which are not subject to the judicial review of Administrative Justice Court. Usually in different legal systems, some government's acts -for some reason- have been excluded from the scope of judicial review. Identifying the ...
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In this article we are going to study instances of the government's actions which are not subject to the judicial review of Administrative Justice Court. Usually in different legal systems, some government's acts -for some reason- have been excluded from the scope of judicial review. Identifying the acts and reasons for unreviewability can contribute to our understanding of the judicial review. In Iran, in addition to legislative limitations, one of the main reasons for limiting the Administrative Justice Court’s jurisdiction is Guardian Council of Constitution’s interpretive approach. In many models of judicial review, the criterion of court’s jurisdiction in reviewing the government’s acts is functional. But, organizational approach Guardian Council of Constitution to Administrative Justice Court’s jurisdiction -that is in conflict with systematic and organic approach to the principles of the constitution of the Islamic Republic of Iran, the spirit and underlying philosophy of drafting such a basic law to protect the rights and freedoms of citizens- has led to expansion of the sphere of unreviewbility in the Iranian legal system.
Hamed Rahmaniyan; Mohammad jafar Habibzadeh
Abstract
The phrase “Hodood that are not mentioned in this code” in Article 220 of Islamic Penal Code of 2013 and “Shar’i definite Tazir” in Article 115 of this code are ambiguous from Figh and legal viewpoint, then we have to resort to interpretation for recognizing their instances, ...
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The phrase “Hodood that are not mentioned in this code” in Article 220 of Islamic Penal Code of 2013 and “Shar’i definite Tazir” in Article 115 of this code are ambiguous from Figh and legal viewpoint, then we have to resort to interpretation for recognizing their instances, In this regard, three interpretations are possible, First, restricting “Hodood” to six famous types and allocating definite Ta’zir to punishments with definitive cause, kind and amount, Second, allocating Hodood to punishments with definite kind and amount and cause and allocating definite Ta’zir to punishments with definite cause and indefinite kind and amount, Third, allocating Hodood to punishments with definite cause and kind and amount of certain definite punishment and allocating definite Ta’zir to certain indefinite cause and kind and amount, In this article we consider different views and finally choose third interpretation as a non-instrumentalist one that has the highest moral acceptance, This accepted interpretation is consistent with rule of law and other certain legal principles,
Aliakbar Gorji; Yunus Fathi
Abstract
Jurisdiction is determinative of the administration’s activity and action, and important point in public law concerning the jurisdiction is the “Principle of Incompetency’’, that is to say no public authority has a jurisdiction unless such a jurisdiction is conferred to him legally. ...
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Jurisdiction is determinative of the administration’s activity and action, and important point in public law concerning the jurisdiction is the “Principle of Incompetency’’, that is to say no public authority has a jurisdiction unless such a jurisdiction is conferred to him legally. Jurisdiction falls into two types, Statutory and Discretionary power, based on the second one an administrative official is allowed to make a choice and select one of the options that are available, and therefore he can maneuver vastly. Supervision is one of the key topics of public law and supervision on discretionary powers is of utmost importance. In discretionary power, although a public authority has more latitudes, but it does not mean arbitrary decision making.
So the crucial point in application of selective jurisdictions, despite the power of public authority to make a choice is the matter of qualification of supervision on these kinds of jurisdictions.
In this paper through studying of the notion of selective jurisdictions and methodes of supervision them, we jump to this conclusion that the power of public authority to make a choice in selective jurisdiction does not contradict with the issue of supervision on them.
