فصلنامه پژوهش حقوق عمومی
سال هفدهم شماره 47 (تابستان 1394)

The principle of tangible justice requires legal proceedings to enjoy sufficient level of transparency. The principle is viewed as underlying a key human right as a general presumption that there is to be judicial openness as a firm rule, with secret or obscured proceedings to be considered exceptional, requiring justifiable grounds. The present paper investigates the human rights role of media in the judicial system and examines both the challenges and the benefits of such mechanism in Iranian courts of law. The paper begins with an overview of the concept of judicial corruption and explores the Iranian laws as to discuss the applicability of media in the judicial system of Iran. Making reference to the role of media in Iran’s recent lawmaking developments including penal procedural law 2013 and the penal code of 2013, It concludes with proposing a number of recommendations on the subject.

By virtue of the authorities prescribed by various laws and regulations including the “Law of University Board of the Trustees Formation”, The “Law of Goals and the Authorities of Ministry of Science and Technology” and article 20-B of Iran’s Fourth Development Law, universities are not bound to general obligations provided for state organizations / elements including particularly those in the law of Public Accounting, Civil Service Management Law, the Law of Bidding and Tenders and rather only bound to bylaws drafted by their board of trustees who may legislate in a wide variety of affairs including employment, administrative and financial policies. The question here is where do these regulations stand in the pyramid of legality? What is it the enforcers of law should do where these resolutions may contradict the constitution, laws passed by congress, statutory resolutions of the High Council of Cultural Revolution or the decisions of the cabinet?! Whether the authority and enforceability of such resolutions are only limited to universities or may also extend to other executive governmental bodies as well?!. Given the lack of relevant precedent in regards with exercising the extravagant authorities granted to the boards of trustees by the said laws and regulations, it is of grave importance to tackle on the subject and study its surroundings. This thesis is aimed at studying and investigating the validity, legal position and the scope to which these resolutions are enforceable.

Today Decentralization, has been globally accepted as a modern approach in administration of nation –states. The conviction is that it must be governed and codified by various principles so that it may serve as guidelines both in theory and practice and to be applied by commentators, scholars and authorities in policy-making and law-making process and in shaping various political, administrative and judicial policies. The principle of administrative freedom of local units, the principle of priority in implementation by local units, and the general condition of competence are instances of the principles existing therein. In Iran, due diligence has neither been paid to such principles in regards with policy-making and law-making process nor as to any decentralization project carried out across the country thus far. The reason behind this is probably that the said principles hardly have any reflection in the countries constitutional – administrative doctrine. The present article, particularly by making reference to their status in France jurisdiction, shall use investigative - descriptive approach as to identify these principles in French administrative law, then it employs analytic approach in reviewing the absence of such principles in Iran’s law and the implications thereof.

Iran’s telecommunication regulatory body may well serve to frame and implement an executive legal framework to govern the activities and relations of public and private sector in a sense that suitable grounds for smooth activities of private sector is put in to place and the requisites for privatization, liberalization and a fair competition in its various sectors are duly attained. Telecommunication sector in Iran is one of the leading markets for it enjoys a specialized regulatory body. Given its important position, the said regulatory body should enjoy such efficiency in a sense that competitiveness may be maximized in the said market. International Telecommunication Union has set forth principles, norms and objectives for such regulatory bodies. The said norms and principles require the regulatory body to be well-balanced and stable, to stay sufficiently trained, to maintain optimum level of authority and to be prompt, impartial, independent and transparent. This paper seeks to investigate the current status and the organization of the said body with reference to the said norms, criteria and principles set forth by ITU as to work out the advantages and the pitfalls and to propose solutions for challenges faced in advancing and improving competitiveness in telecommunication market in Iran.

"Rights" and "Public Interest" are among the key elements of political, legal, ethical and social discourse in almost any society around the world including the contemporary legal and political discourse of Iran. Meanwhile, societies inevitably have certain reciprocal tensions resulting from diversities in their ethical believes and contradictory claims. That is why theorists in political philosophy and modern law have strived towards advancing solutions to such controversial strains. To name a few, Hobbes and Hegel have theorized the notion of State Interest, recognizing the interest of a limited number of governors as public interest, based on which they privileged it over individual rights and freedom of citizens. Granting, devesting, dispensing or restriction of any sort of individual rights they maintained could only be realized under the auspices of the same. This theory has its own advocates and critics in Shiiat world. Shaikh Mofid and Shaikh Toosi are among the proponents whereas Shaikh Ansari and Imam Khomeini fall under the category of opponents. In this paper, after introducing State Interest doctrine, we shall later review the misconceptions and practical challenges around the concept in light of Balance theory as a convergent theory in the relation between individual rights and public interest.

Scattered and casual legislation is one the deficiencies inflicted on legislative system of Islamic Republic of Iran. Scattered legislation may be defined as disparate, casual and excessive legislation with almost no serious attention paid to other interrelated parts of the legal system. This may be the result of legislators rush towards exercising their legislative power with little recourse to their surveillance capacities. Casual legislation may particularly harm people’s accessibility to justice generally promised by the legal system (that is people consciousness and awareness of laws) which is considered as a pivotal characteristic of the rule of law. A brief look at the laws passed by Iran’s congress may readily lead us to various instances of casual and scattered lawmaking. This article reviews and categorizes various lawmaking practices in regards with modification, revocation, cancellation and revalidation of laws as the most evident instances of scattered lawmaking in Iran. In fact, we may argue that the rule of law may not be satisfactorily attained unless lawmakers have due diligence and tactfulness in their job so that people and law enforcement authorities are expected to be aptly aware and are likely to adhere to the laws so to be ratified. It seems that obscurity and inaccessibility of laws and regulations in Iran have led to the inefficiency of its legal system and thereby have hindered optimum realization of the rule of law.

State intervention in the economy has always been a challengingissues in schools of economy and Law.Welfare states, bydirect intervention in economy, took over most of the affairs and caused economic crisisin the West. To curb the downfall, regulatory states emerged, which sought to flourish and facilitate economic activities by adopting privatization policies and pursued the goal through extensive legislations in myriad areas with the hope to best regulate individual behaviors in the domain of economy. States also happened to grant and empower self-regulatory /autonomous bodies with legislative authorities which was the outset for the emerge of post-regulatory states. This article reviews the Intellectual developmentsconcerningthe extent to which States make intervention in economic affairs from the perspective of public law, through a comparative study ranging from welfare to post-regulatory governments.