ابراهیم موسی زاده

A half-decade of Naser al-Din Shah Qajar’s era was profoundly significant for commitment to law and the emergence of modern legal institutions. These institutions, particularly the "rule of law," played a pivotal role in the rise of demands for a constitution, its legislation, and the establishment of a modern legal system. Mirza Hosein Khan Sepahsalar, a prominent political figure of this era, made significant contributions to the establishment of modern public law institutions. The central inquiry of this research is: What was Mirza Hosein Khan Sepahsalar's vision in creating these institutions? This study employs a descriptive-analytical approach to explore one of the most crucial topics in the history of public law: the evolutionary trajectory of the rule of law and its associated systems. The key finding of this research is that Mirza Sepahsalar is regarded as the pioneer in recognizing the importance of institutionalizing the rule of law and one of the earliest architects of public law in Iran. He stands unmatched in laying the groundwork for the rule of law by defining rulers' conduct through legal frameworks in the history of Iranian public law.

One of the most important foundational bases recognized for human rights is human dignity. It has been stipulated in Islamic texts as well as the introduction and primary matters of the international human rights documents. This recognition and emphasis mostly regard the importance and priority of this element and its role as the cornerstone of other rights. Despite this recognition, verification, and stipulation, there is no clear definition of human dignity and its theoretical foundations and indices have not been clarified. Therefore, the main question of this study is "What is the concept and theoretical principles of human dignity in the Islamic rules and international documents related to human rights?"Adopting a descriptive-analytical method, this study found that dignity is on the one hand one of the important goals of Islam and on the other hand one of the main foundations of human rights. Human dignity is a real issue, and the actualization of human dignity includes all humans. It is related to all layers of humanity. In addition to being one of the main principles of human rights, the dignity of humankind is a divine grace in the human being's creation. This common point is deemed an important starting point for creating interaction between human rights and Islamic rules. Nonetheless, due to the disagreement in ontology and theoretical principles, the attitude to it is different from the viewpoint of Islam and international documents. That is, human dignity is viewed differently by Islam and international documents in terms of ontology, theoretical principles, source of origination, types, kinds, effects, nature, and realms.

Having the right to health is an inalienable human right and is considered one of the main features of an ideal society. This right has attracted the attention of thinkers and many jurists due to the existence of some issues such as infectious diseases. The most important goal of this article is to examine this right in line with order and security.

This research has used a descriptive-analytical method as well as a survey method with a random sample selection through a questionnaire.

In this research, the right to health has had a special place in the legal system in the light of citizenship rights. According to the principles of Article 43 of the Constitution and Article 8 of the Civil Service Management Law, the right of everyone to have access to health and medical services and insurance premiums, providing and guaranteeing the right to health is one of the duties of the government. This right has a direct relationship with the issue of order and security in such a way that if the right to health in the society is ensured for the citizens, the security of health and social security is established in the society.

The right to health can be considered one of the fundamental rights of citizens, which is necessary for the fulfillment of other rights. Article 43 of the Constitution, Article 8 of the Civil Service Management Law, the right of everyone to access health and medical services and insurance premiums, is responsible for providing health and medical services. They are responsible for providing healthcare services. Therefore, the right to health and its guarantee is considered one of the main characteristics of a desirable human society, the possession of which is the reason for staying immune from all kinds of widespread diseases and obtaining suitable health care for citizens, so that they can protect themselves in times of outbreaks of infectious diseases. Have the existing capacities provided by the governments.

Individuals with disabilities constitute a significant minority in human society. However, despite the existence of Islamic, international, and domestic fundamental principles of human rights such as inherent dignity and equality, this group has faced deprivation in realizing their rights compared to others. The necessity of effective measures to guarantee their rights has raised the issue of "positive discrimination," which functions as a supportive basis in international documents, Islamic standards, and domestic laws. The main question of this paper is: What are the effects and consequences of positive discrimination as a supportive basis for ensuring and protecting the rights of persons with disabilities in domestic and international systems? This article, recruiting a descriptive-analytical approach, concludes that positive discrimination, due to its rational and intrinsic basis, legitimizes and serves as a significant factor in identifying protective rights for individuals with disabilities. The primary legal impact of positive discrimination lies in the recognition of this element in domestic laws and international documents, allowing persons with disabilities to enjoy their rights and equal social participation like other citizens. In this regard, the Convention on the Rights of Persons with Disabilities adopted in 2006 and the Law on the Protection of the Rights of Persons with Disabilities passed by the Islamic Consultative Assembly in 2017 are considered symbols of the influence of positive discrimination in supporting persons with disabilities. However, it is worth noting that domestic measures have a stronger executive backing compared to the international arena. Nevertheless, it should be acknowledged that comprehensive theoretical discussions on positive discrimination for individuals with disabilities have not been adequately addressed in the legal literature of Iran.

This study sheds light on the administrative courts in the Republic of Iraq, including their establishment, composition, and evolution, as well as the lawsuits filed before these courts, the extent of disagreement within them, and their organizational structure as established by the Iraqi Legislative Council. It offers a detailed and in-depth examination, in comparison with French legislation. This is due to the necessity of implementing a specific mechanism for the selection and qualification of judges specialized in handling administrative disputes, within a well-defined time frame specified by the law. It is the government's responsibility to fulfill this obligation, and the legislator should ensure that this process is entrusted to an independent body. While the right to litigation is crucial for the progress of administrative judiciary, it is essential that the legislation itself clearly outlines and establishes this right to ensure its effective implementation and adherence. Furthermore, the composition of the Iraqi Council of State should consist of judges who possess a deep understanding of common law principles and are well-versed in the characteristics and nature of administrative disputes, similar to the judicial systems in France, Egypt, and many other countries worldwide. Given the specificity of administrative lawsuits brought before the Council of State, it is imperative to provide a comprehensive explanation of its characteristics, formations, and historical development in both Iraq and France. Additionally, it is important to elaborate on its organizational structure, taking into account the imperative for Iraqi Shiism to align with modern judicial practices as well as the approaches adopted by great world powers. From this perspective, it is crucial to conduct a study on the constitutional framework of the Council of State, aiming to explore its organizational structures, assess the level of alignment between Iraqi and French legislations, and identify the variations between them through analytical, inductive, and comparative methodologies. Hence, we decided to provide a thorough examination of these councils. Consequently, the study has been divided into three sections. The first examines the concepts and general principles. The second section focuses on the legal provisions governing the organization of the Council of State in both Iraq and France. Lastly, the third section delves into a detailed analysis of the organizational structure of the Iraqi State Council.

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.

The subject of legal science is the legal rules which governing the rights and duties of individuals, and the essential attributes of these rules are discussed in this science. The essential attributes are those that carried on the subject of rights as it is, and the discussion on the subject of rights take place by a logical reasoning. The central signifier of legal arguments in various judicial fields, explanation, interpretation, research and legislation are the rules and norms that form the axis of legal science, and they guide the identity and method of this science. According to this point the legal philosophers have long realized the necessity of the rules governing on the form of reasoning, have appealed to these rules in legal thinking, and have invented the rules of the form of reasoning as a method of inference and legal reasoning. By the emergence of new logics various views and approaches have been proposed for evaluating, analyzing, and interpreting of legal cases and reasoning techniques. The main question of this article is: what are the necessities that justify the use of these reasoning rules in law, and what challenges do these rules put forth in the face of legal inference? By a descriptive-analytical approach and qualitative method this article discusses these rules, and the most important findings are that since the rules of argumentation have gradually changed due to scientific developments and new reasoning methods have gradually been added to it, these rules are still considered the most widely used arguments in legal science.

Examining the relationship between Islam and human rights in the human cognitive system is one of the most important intellectual adventures. One of the areas that observe this thinking is the analysis of the proportional dimensions of the two by philosophers of science and religion. In Islamic countries, including Iran, the proportionality between human rights and Islam and the principles and rules of religion. , it has a sober tradition that this proportionality has been proposed within general frameworks such as the ratio of Sharia and law, the ratio of reason and religion, or the ratio of tradition and modernity. Examining the remaining works of the pioneers of theorizing shows that the various approaches that have been proposed in this regard, basically try to answer these concerns: whether Islam and human rights are the same reality. Do you have an opinion? Are Islam and human rights contradictory or complementary? Therefore, the main question of the article is, what approaches can be seen in the relativity between "human rights" and "Islam" in the works of advanced theorists? The research with a descriptive--analytical method and by examining the evolution of human rights foundations such as freedom, equality, justice, dignity, in the intellectual system of Iranian pre-constitutional thinkers, has introduced the relativistic approaches of Islam and human rights. The most important result of the research is that the interaction approach has a more solid logic compared to the comparison, interference and confrontation approaches. Those who say the interaction approach accept differences of opinion, but at the same time do not reject commonalities.

Although the eligibility of presidential candidates is specified in Article 115 of the Constitution, not mentioning cases, the ambiguity of some conditions of candidates, the requirement to implement general election policies, and the requirement to utmost minding in defining the conditions of the presidential candidates, especially the Guardian Council's conditions about being a religious and political figure, created a situation for the presidential candidates to attract the attention of the public and politicians at a particular time. In the Guardian Council resolution, some conditions of the presidential candidates are more objective, so that identifying potential candidates has become more tangible. However, the legal explanation of the eligibility of the presidential candidates, in addition to making the cases clearer, theorizes the criteria for recognizing the presidential candidates from others in a way being far from the previous ambiguities and being diagnosed by the general public. Being a perceived religious and political figure candidate requires a prerequisite for achieving the desired conditions to approve Guardian Council's oversight. Clarifying the conditions of religious and political status, in addition to specifying the procedures and methods of the Guardian Council's examination of the qualifications of candidates, makes the criteria of qualified candidates more transparent for the general public. However, since the aforementioned resolution describes the conditions of presidential candidates in more detail, it supports making the election process more transparent. In this study, in the beginning, the conditions of the presidential candidates are briefly mentioned, then the condition of being a political and religious figure was examined and in conclusion, the resolution of the Guardian Council was reviewed.

By government we mean a political system that deals with how to impose rule and wield the political power and since it also refers to managing people’s relation with the government, designing a legitimate and rightful model of wielding power is one of the major concerns both in theory and practice. Based on this, the research question is what model can govern the Islamic system and what the consequences from a jurisprudential point of view could be. The research method is content analysis and tries to seek an answer to the question. It is shown that the Islamic government is a divine trust and is characterized by piety, justice, trustfulness among the rulers and their responsiveness to the people, the necessity of safeguarding the system and people’s votes if the Islamic government is to be sustained.

After years of conflict between some Palestinian currents and the occupying regime, finally, following the Oslo Accords in 1993, the parties recognized each other, and following the formation of the Palestinian state, its constitution was formed in 2002. The main question of the article is, what developments has the Palestinian constitution faced in the stages of development and what achievements has it achieved? The article is based on the descriptive and analytical method based on these the Palestinian constitution around general principles, political structures, executive, legislative and judicial powers, people's rights and freedoms, rulings related to the transitional period and the extraordinary st has predicted Although this law was formed for the government of the five-year transition period included in the mentioned agreement, but after the transition period, it has continued to be valid with amendments, and as a result of differences between political parties and currents, especially Fatah and Hamas, the Palestinian constitution has not been able to achieve its goals.

According to testimony Islamic scholars and other scholars of the human world, Islam has two political and religious (religious) aspects. The purpose of the Holy Prophet (Say hello to Him) without teaching religious and moral concepts, which is intended for the growth and exaltation of the soul and reaching the peak of happiness in this world and the hereafter considered; The formation of an inclusive government has been aimed at promoting justice. In the age of absence of Imam Asr (A.S.), there are two views regarding the religious government: Religious rule is appointed (God's right). Religious government is elective (the right of the people) and its sphere of authority is in accordance with the contract with the people. In this view, the people have the right to monitor the actions of the rulers. The wise have recognized this right for the people in the context of time, place and history, and it has been signed by the holy shari'a in Islamic culture and civilization. Political Islam has provided the Islamic ruler with the limits of activity that are bound by Shari'a and has accepted the important principle of overseeing the government in order to control the ruling apparatus. For the application of this principle and among all kinds of freedoms, what is closely related to the people's control over the government is freedom of expression and opinion. The most important purpose of this research is to prove that the right of the people to supervise the government does not belong to an innocent ruler, considering the short period of the rule of Imam Ali and using the words of that Imam. The research method of this research is library and related sources have been used.

In this article, we make a comparative comparison of the methods of the constitutionalisation of the statute in the American and European legal systems. We discuss the concept of normative hierarchy and stricto sensus (material and axiological hierarchy) is considered. The constitutionalisation of statute in most countries have many similarities due to their adoption. Hence, four new models can be achieved: The U.S.A. is a clear model, which is known as decentralized and is depended on the judiciary. Its procedure is also based on judicial procedures and hearing are conducted at the request of citizens and litigaants. This phenomenon is a mechanism that carries out the conformity of the statute with the constitutionl criteria throught the courts and the Supreme Court of the States. In the European model, known as centralized, the constituyionalisation institution is not dependent on any of the three powers. Although Its procedure is based on judicial procedures but hearing is avhieved by some government authorities. In the Mixed American-European patern, algthough the constituyionalisation institution is not dependent on the three powers, but its procedure is achieved based on judicial procedures and hearing is achied at the request of litigants. In Swiss, courts follow the mixed model and if someone is harmed for violating the cantonal constitution, they can file a lawswit in federal court. In Britain, if a statute violates the constitution, it may not leave to the courts and this is parliament that achieves the constitutionalisation. In French, the constitutionalisation, is achied by

By government we mean a political system that deals with how to impose rule and wield the political power and since it also refers to managing people’s relation with the government, designing a legitimate and rightful model of wielding power is one of the major concerns both in theory and practice. Based on this, the research question is what model can govern the Islamic system and what the consequences from a jurisprudential point of view could be. The research method is content analysis and tries to seek an answer to the question. It is shown that the Islamic government is a divine trust and is characterized by piety, justice, trustfulness among the rulers and their responsiveness to the people, the necessity of safeguarding the system and people’s votes if the Islamic government is to be sustained.

Federalism is a special way of organizing the state, which distributes and fragments political power within a country. In Germany, we have seen administrative federalism, which has three distinct characteristics: first, that legislation is done at the federal level and implementation at the state level; second that this form of federalism is cooperative; third that the states participate in the federal legislative process as well as the administration of the federal government. Conversely, in Iraq the dominant discourse of dictatorship and lack of political, economic, social and cultural background have prevented the establishment of a stable federal system. The experience of Iraq after the fall of Saddam Hussein shows that what is called federalism is a continuation of conflict in the three ethnic and religious sections of Iraqi society. The present study aims to examine administrative and ethnic federalism in Iraq and Germany with a comparative view and has concluded that the failure of federalism in Iraq and its success in Germany is directly related to the level of economic development, and the political culture of these two countries. The study’s findings indicate that federalism is of no value per se. It is merely a tool that might have different effects from one country to another.

Public services is one of the most important and basic theories of Iranian administrative law and despite some developments in this field, it still retains its important and fundamental position in the Iranian administrative system. Now, about three decades have passed since the pursuit of market-oriented policies and the transformation of the Iranian public sector based on the principles of "new public management". Given that administrative law is inextricably linked to the history of government-market relations, and that the emergence of the concept of public services was essentially the product of an attitude toward the need for government intervention in the market and economic and social affairs, the question arises as to whether Will not the rule of market-oriented policies undermine public services, and in particular the universality of these services? To answer this question, while reviewing the concepts of market-oriented governance and public services, we have used two well-known frameworks to qualitatively assess the publicness of public services using the analytical-descriptive method. Accordingly, it has been proposed to re-engineer public services and the role of government in providing them, in line with newer theories such as new public services or the neo-webberian state, and compensatory policies should be adopted by then.

The end of the presidency, like other public office, is not only the expiration of the legal term of office, but in addition to the natural end of the term in terms of time, other voluntary factors such as "resignation" or coercion such as "death" must be mentioned. In these cases, the president loses the presidency for a temporary period, such as illness or permanent death, and temporarily assumes his responsibilities until a new president is appointed and elected. ‌girê. Certainly, these days of "death" are very important in the constitutional rights of countries due to the absence of the president. Therefore, and consequently of the mentioned issue, the main question of the article is what legal standards have the studied countries envisaged for the period of temporary succession of the President? In response to this question, the article uses a descriptive-analytical method to study the situation of "temporary succession" of the president in three countries: Iran, Egypt and Turkey. The main achievements of the research are that, firstly, the term "temporary succession" is an appropriate and more accurate term than "sponsorship". Thirdly, acknowledging that the creation of such a situation is exceptional and unlikely, it should be noted that in order to prevent the disorder of this period, it is necessary for the legal system to be precise and comprehensive. This is something that has been overlooked in some legal systems. Such a need is more concerned with reforming the legal order in terms of the unclear mechanism of succession and the existence of ambiguities in it, which will lead to challenges.

Oil and gas resources are of particular importance in each economy and constitute one of the main foundations of economic systems. Since these wealths play an important role in the progress and growth of each country, various economic systems and, consequently, those governments seek to explain the property rights of these resources. The history of the transformation of oil contracts and national movements has always been associated with the fact that ownership of the underground oil and gas resources will remain in the hands of the host government. From a legal point of view, various assumptions about ownership of oil resources have been designed, which are discussed in this paper under two general titles of public and private ownership. The system of ownership of the countries of America and Canada, and Mexico and Iran, as the subcategory of these two systems of ownership, will be.

One of the most important fundamental issues in the policy sphere is the discussion of the organization of the state and the regulation of the internal power relations of the state, in which the type of political system as well as the principle of separation of powers is very influential. Because according to the type of political system and the acceptance of one type of separation of powers, different ways of regulating the ruling powers such as the presidential, parliamentary and semi-presidential-semi-parliamentary system are raised, in which each country, the political system And they have designed a specific structure. In the Islamic Republic of Iran, the system of the Ummah and Imamate as a general framework for the realization of divine sovereignty and religious democracy and the level of regulation of the relations of power, the semi-presidential semi-parliamentary system has been determined. The main theme of this research is the analysis and political assessment of the change in the way the power relations are regulated within the framework of the Ummah Imamate system and the evaluation of the resulting effects. This paper uses the descriptive-analytical method to find the answer to the question of how the change in power relations, especially the executive branch, is evaluated and what works on it? The main findings of this research are that in changing the form of executive power assuming that there are no restrictions on the religious foundations except the necessity of maintaining the system of the Ummah and Imamate, there are, from a political point of view, in the Islamic Republic of Iran, The possibility of changing the form of the executive branch, especially the removal of the post of presidency, faces fundamental constraints, as the main symbol of the republican system is the president.

The arbitration body, as a method of dispute settlement based on the agreement and contention of the parties to the dispute, has long been favored by the public. This popular system of arbitration has privileges that make it superior to other methods of dispute resolution. Diversification and diversification of references as well as their functioning make it difficult to formulate a single administrative code of law that is based on fair trial principles, But the quasi-judicial nature and their differentiation from judicial and rule of law principles and administrative practices can be common ground for investigating the conduct of investigations that may create a single trial and non-compliance with legal requirements. In judgment, arbitration, administrative hearings, and in general, any type of legal action based on fairness is a moral conscience that recognizes the issue. In general, the principle of fairness can be characterized as impartiality, rejection of bias, rejection of bias, listening to the other party's (fair hearing), performance of duty without regard for personal and group tendencies, with due diligence, reinforcement and trustworthiness, and ... enumerated. We therefore seek to examine the ethical assessment of fair arbitration prior to quasi-judicial hearings in the Iranian legal system with an emphasis on the principles of fair trial.

The Constitution of the Islamic Republic of Iran, being aware of the harms from the political paradigms governing the West; has strongly rejected the modernist left and right wings born out of the illegitimate sovereign, and has assigned the Islamic state to do one of its duties which is to form both a 'proper administrative system' and an 'Islamic system'. Despite this stipulation in the Constitution, except in rare cases, no special mention has been made to the constituent elements and principles governing Islamic systematization. Now, having passed through four decades of experience, our revolution has come to what is called the “Second Phase of the Revolution” for which a Statement was issued by Ayatollah Khamenei. This statement is based on the achievements of the said four decades of great experience. The major question is raised," What principles and constituent elements does the Second Phase of the Revolution Statement offer for a systematization? Considering the foundations, scheme and clear orientation of the Constitution as to the rule of Islamic principles over other laws and regulations, there is no doubt that from the viewpoint of those who draw up the Constitution and of the Second Phase of the Revolution Statement, Islamic systematization is of certain constituent elements and axiological principles arisen from religion so that this system is taken to be based on such values as freedom, justice, opposition to arrogance, spirituality, rationality, and democracy. The harms, strategies, and the principles governing these values have been explained as the road map in the Islamic systematization. Drawing upon a descriptive-analytic method, the article studies the nature of these constituent elements, principles and the strategies for the fulfilment of Islamic systematization while taking into consideration certain perspectives as the ends of the Second Phase of the Revolution Statement.

Good governance is a new discourse characterized by some core elements such as rule of law, public participation, accountability, citizenship rights, and social justice. Establishing and guaranteeing the rights for the handicapped can be regarded as the most essential indicators being used to show how the citizenship rights, justice, and responsibility are secured by the government. Using a descriptive-analytical method, this paper aims to explicate the notion of good governance and to examine the inherent dignity of human beings in the Islamic world view as the basic framework for justifying the positive discrimination as the most effective mechanism to protect the rights of the disabled. Finally, some suggestions are made to promote the rights of these individuals under the effective governance in Islamic Republic of Iran. The main question of this study was as follows: What are the bases of legitimization of the mechanism of supporting the disabled through positive discrimination to secure social justice and citizenship rights as the key elements of good Islamic governance? The main hypothesis of the study is that human dignity is the basis of legitimizing the supportive mechanism of positive discrimination in Islam.