The principle of free public services in the light of the laws and procedures of the Islamic Republic of Iran
bijan
abbasi
Associate Professor University of Tehran
author
fatemeh
kia
Master of Public Law
author
text
article
2012
per
The principle of gratuity as one of most basic principle which dominated on public services means that the government and related institutions are responsible for free granting them to citizens. So they shouldn’t take any money from citizens. Main changes in production of several public services and transferring of numerous ordinary public services to private sector that necessitate paying money by people, caused discrepancy between lawyers confronted the principle of granting whit challenge. In this article, whit studying laws and court of administrative justice judgments, we make investigations the reconnaissance or non-reconnaissance of the principle of gratuity by legislator and courts judges in Islamic republic of Iran. Of course in this process, we will analyze this principle in other countries.
Basic Rights
علی اکبر گرجی اَزَندَریانی
9
v.
17
no.
2012
1
28
https://www.asasimag.ir/article_104367_38d6a66d59ef620f58826318275039ff.pdf
The relationship between civil society and religion and its reaction on I.R.I constitution
younes
fathi
PhD student in Public Law
author
text
article
2012
per
Despite passing a long time from entering the term "civil society" into political debates, due to special reasons, discussion about this term has become more common at the end of 20th century. On the other hand, knowing that our society is an Islamic one and in I.R.I constitution has been asserted that all laws and regulations must be based onIslamic criteria, therefore studying the relationship between civil society and religion has special importance. So in this article after defining civil society and Islamic society and declaring the relationship between the two, we will analyze the civil society in the context of the I.R.I constitution. The preliminary hypothesis is harmony, if we pay serious attention to the principles that investigated the relationship between people and the government.
Basic Rights
علی اکبر گرجی اَزَندَریانی
9
v.
17
no.
2012
29
58
https://www.asasimag.ir/article_104368_26b715cbdcb98b7af59508358267f739.pdf
Ethical Theory of Fundamental Rights:
Emphasizing on the fundamental rights of the Islamic Republic of Iran
Ali Akbar
GORJI
Member of Faculty of Law, Shahid Beheshti University
author
seyedeh fatemeh
faghihi
Doctor of Public Law
author
text
article
2012
per
In this essay is made an effort to explain of possibility of ethical justification of constitutional law and its quality. Ethics, in the sense of rational rules that involve attributing feature, is appropriate justification to plan and develop modern constitutional law.
Therefore constitutional law as basic principle establish on the more general principle and it doesn’t based only on the traditions and political culture. Explaining ethical theory for constitutional law by the systematic approach to the collection of social science can to make more dialogue and solidarity among nations and different societies and is criterion for evaluation of constitutional laws.
Basic Rights
علی اکبر گرجی اَزَندَریانی
9
v.
17
no.
2012
59
76
https://www.asasimag.ir/article_104405_bfa62a4d1e54decd869c33b732e48975.pdf
Analysis of the Concept of the Right to Freedom of Movement within States in Islamic Jurisprudence and International Law
hamid
ghanbari
Doctor of International Law
author
text
article
2012
per
The right to freedom of movement is one of the fundamental human rights, recognized in numerous human rights instruments. It is also acknowledged in basic sources of Islamic jurisprudence. This right can be divided into 4 distinct but related rights: (1) the right to freedom of movement within states; (2) the right to choose residence within the state; (3) the right to leave any country; (4) the right to return to one's own country. In this article the right to freedom of movement within states is analyzed in order to consider its constitutive elements. It has been tried to answer the questions like what doe's "within states" mean and what are the conditions to be entitled of this right. The interpretations of the constitutional courts and international tribunals of this right and its legitimate limitations are considered in this article as well.
Basic Rights
علی اکبر گرجی اَزَندَریانی
9
v.
17
no.
2012
77
106
https://www.asasimag.ir/article_104406_de32966c3db81286ee93e5cfa4d22093.pdf
Sovereignty: The Myth of Public Law
mohammad reza
vijeh
Member of the Faculty of Law and Political Science, Allameh Tabatabai University
author
text
article
2012
per
Basic Rights
علی اکبر گرجی اَزَندَریانی
9
v.
17
no.
2012
107
126
https://www.asasimag.ir/article_104407_a68ebadab5a4729c678b8a02757746f6.pdf
The ratio of individual liberties and national security with emphasis on freedom of expression in the press
asadollah
yavari
Faculty member of Shahid Beheshti University
author
shaghayegh
taghavi nia
Master of Public Law
author
text
article
2012
per
Freedom and Security are two key requirements for achieving a progressive society and a people-oriented state. Obviously, these two are dependent on each other, i.e., one is required for the achievement of the other. This paper has a focus on freedom of speech in media, in particular. Freedom of speech is considered as one of individual freedom, which requires democracy and the state officials who are open to criticism. Newspapers address a wide variety of individuals and have high influence on public opinion. This paper has selected this form of freedom of speech for further research. Freedom acts like a security valve, which may guarantee the national security. When a government feels obliged to observing the legality of crimes and punishments, do not find it prudent to punish certain individuals on the pretext of undermining national security. Legislative Body should also act fairly and only based on facts. These are the only ways to protect rightful individual freedoms, allow humanistic moral values to manifest themselves, and protect national security from anarchy and disorder.
Basic Rights
علی اکبر گرجی اَزَندَریانی
9
v.
17
no.
2012
127
161
https://www.asasimag.ir/article_104409_a2a34c598e689db937c7e58ec273a437.pdf