A Scrutiny of Governmental Orders in Iranian Legal System
Reza
BAHMANI
کارشناسی ارشد حقوق عمومی دانشگاه شهید بهشتی
author
Ali
DANESH
دانشجوی کارشناسی ارشد حقوق بشر دانشگاه تهران
author
text
article
2019
per
The Constitution as criteria for governance has two modes: formal mode and informal one. The latter appears subordinately in era s evolutions. Therefore, in governance course, alteration in form and function of government is probable. Leader Governmental Orders is a consequence of governance experiment. Although they have not introduced in the Constitution definitely, these orders take into account as means of problems resolve and protection of public interest. Therefore, this research seeks to study about entity of this legal subject which has an implied existence in the Constitution. In addition, probes into find a better pattern for the governance by envisaging its impacts. It seems that there is no formal independent framework for enforcing governmental orders in present circumstances; however they have been existed on the strength of leader’s personal authority. Besides, the expanse s of these orders and their validity duration must have regarded.
Basic Rights
علی اکبر گرجی اَزَندَریانی
16
v.
31
no.
2019
1
22
https://www.asasimag.ir/article_118557_b49587ffdeb59140e5437f4c0a7ac809.pdf
Study of aspects of surveillance in National Inspection Agency
Rohallah
ALIDADZADEH
دانشگاه علامه طباطبایی
author
text
article
2019
per
Abstract
National Inspection Agency as one of the supervisory arms in national legal system can have importance role in optimal management and ensure proper and efficient execution rules, regulations and objectives of the country's administrative organizations. This organization takes action the exercise of his powers to monitor the country's administrative apparatus in all three branches. Therefore, the characteristic of this organization is monitoring, identity and essential dimension. Hence, examining this essential dimension of the organization and exploring its meaning and concept it plays an important role in better and more efficient performance of the organization's competencies. With the research that was done in the dimensions of organizational supervision, It can be said that the nature of the supervision of the National Inspection Agency is an administrative-judicial nature. In this research, an attempt has been made that the organization and oversight be examined together. Of course, the main focus of the research is to examine the dimensions of supervision and how to implement it. So in two parts: descriptive and analytical, we will address this issue.
Basic Rights
علی اکبر گرجی اَزَندَریانی
16
v.
31
no.
2019
25
60
https://www.asasimag.ir/article_118558_4c74557311123cbd8568dd69c5f08f60.pdf
Reviewing the obligations of governments in accepting refugees from the perspective of Islam and international humanitarian law
Sedighe
GHARLOGHI
دانشآموخته کارشناسیارشد حقوق عمومی دانشگاه قم
author
Ali Reza
EBRAHIMI
دکترای حقوق بین الملل عمومی، استادیار دانشگاه قم
author
Razie
FANAII
دانشآموخته کارشناسیارشد حقوق عمومی دانشگاه قم
author
text
article
2019
per
In the current era of communication between developed societies, the place of support for peers in the international humanitarian law system is of great importance. The manifestation of this position is evident in the formulation of legal provisions in support of refugees and refugees. The United Nations has adopted several conventions in support of the aforementioned individuals, which are often accepted by most countries. Islamic regulations also include humanitarian orders for all human beings in all circumstances, including warfare, dealing with fighters, captives and war refugees. This article, with a descriptive-analytical approach, seeks to answer the question of how governments' obligations to accept refugees from the perspective of Islam and international humanitarian law are assessed? The results of this study show that, despite the emphasis on international documents and regulations, as well as the teachings and orders of Islam in accepting and supporting refugees and refugees, the teachings and regulations are not fully implemented in practice.
Basic Rights
علی اکبر گرجی اَزَندَریانی
16
v.
31
no.
2019
53
84
https://www.asasimag.ir/article_118560_99ff870e32231aa99e129713b083b779.pdf
Examining the right to a healthy environment from the perspective of public law
Mohammad
Mazhari
Assistant Professor, Faculty of Law and Social Sciences, University of Tabriz
author
Maedeh
SOLEYMANI
دانشجوی دکتر حقوق عمومی دانشگاه تبریز
author
text
article
2019
per
The future of human life depends upon preserving a healthy environment free of any pollution (contaminants) and the environmental destruction could eventually bring about the destruction of humanity. Therefore, the environmental degradation and pollution is not only despicable, but hazardous and costly as well and the public has a duty to protect it. In this regard, to have the environment protected from pollution and degradation due to reasons such as urban high population growth and the necessity to devise a settlement, urban and industrial wastes, destruction of forests and other natural resources, air pollution in large cities, many countries have enacted environmental laws and regulations in their legal systems and have established organizations, institutions and agencies devoted to the environmental protection. On the other hand, as the right to a healthy environment is one of citizenship rights linked integrally to the sustainable development, the enactment of legislation should, at a minimum, be in relation to the principles of sustainable development. The present research is an analytic and descriptive study using library resources including articles, books and other materials about the subject area. This study indicated that many laws have been approved in order to protect the environment, but they didn’t fully respect the foundations and principles of sustainable environmental development; so that some of these principles are considered at the standard-level by legislator, some have not been mentioned, and some others remained implicit by the legislator.
Basic Rights
علی اکبر گرجی اَزَندَریانی
16
v.
31
no.
2019
87
128
https://www.asasimag.ir/article_118561_596bd890e17b09cf922bef34562e3870.pdf
The position of the media in the eyes of the Guardian Council
Saeed
MAZAHERIREZA
دانشجوی دکترای حقوق عمومی دانشگاه شهید بهشتی
author
text
article
2019
per
The Guardian Council of the Constitution is one of the most important institutions in the Iranian legal system. The Guardian Council has two basic functions: the interpretation of the Constitution and Supervise the rules in order not to contradict the SHARIAT and the Constitution. On the other hand in contemporary societies, the media is one of the most important elements of a society that is both influenced by governments and has a profound effect on the sustainability and behavior of governments. Therefore, the Guardian Council's opinion on the media is very important. In this study, we will get acquainted with the concept of media and the position of the media in the views of the Guardian Council and the evolution of this position during different periods
Basic Rights
علی اکبر گرجی اَزَندَریانی
16
v.
31
no.
2019
131
157
https://www.asasimag.ir/article_118562_7aa46905ddda3fc9f6ac6f8180a862c2.pdf
Judicial Bills: The Challenge of Legislative Initiative Competence
Ali-Akbar
GORJI
دانشکده حقوق
author
fatemeh
aziz ahmadi
PhD student in Public Law, Shahid Beheshti University
author
text
article
2019
per
The manner of arrangement of forces in the legal system of the Islamic Republic of Iran is specifically considered in the constitution, which, while taking advantage of the experiences of other countries, also includes the characteristics of the political system resulting from the Islamic Revolution. It is noteworthy that although the Constitution of the Islamic Republic of Iran provides for the enactment of law as one of the intrinsic duties of the Islamic Consultative Assembly, but in order to specialize and nobility of each power to its duties and characteristics, as well as interaction, cooperation and participation Powers Together, Article 158 2 2 of the Constitution stipulates that one of the duties of the head of the judiciary is to "prepare judicial bills appropriate to the Islamic Republic." Article 74 of the Constitution, on the other hand, states that the legislative initiative is by submitting a bill by the Cabinet or by proposing a bill proposed by 15 members of the Shura Council. However, the question remains as to what the judicial bill is and whether the head of the judiciary can directly submit the bill to parliament, and whether the cabinet has the authority to interfere in the bill submitted by the head of the judiciary? The Guardian Council, by presenting interpretive opinions, and the Islamic Consultative Assembly, with the approval of the Law on the Powers of the Chief of the Judiciary, have each tried to provide appropriate answers to these questions. To investigate and be a topic for future discussions in the legal system of the Islamic Republic of Iran and to resolve the existing problems in the direction of constitutional rights based on constitutionalism .
Basic Rights
علی اکبر گرجی اَزَندَریانی
16
v.
31
no.
2019
158
183
https://www.asasimag.ir/article_126330_1495b79c5682a7e7924df540b161e51d.pdf