Analyzing of the legal relationship between the government and the environment in transition to green government

The modern state is an elastic term that can meet the demands of the human rights of citizens. However, today enjoying a healthy environment is an example of a third generation human rights concern of citizens. Full protection of this right requires deep changes in the content and structure of governments and, without a whole range of development, ensuring these citizenship rights cannot be achieved. Green government is an evolved form of government that has the ability to support and protect the environment. In crossing government with green government, understanding and analyzing the relationship of the state with the environment is very important and such bilateral relations will create fundamental changes in the government. In addition, this will introduce the environment as a model for policy, legislation and enforcement. The quality of this relationship reflects the commitment of the government to the environment. Government and the environment have a two-way communication whereby the government has provided the fate of the environment as policy-making and enforcement authority and, on the other hand, the government's success in environmental protection depends on respect for environmental rules. Green government is identified as a state founded on that right which creates restrictions on relations between the government and the environment and affects the structure and content of government. Background research reveals that green government as a new concept still has not been correctly incorporated into developments relating to government in legal doctrine and there is a noticeable lack of theory in this respect both worldwide and in Iran. Although the ecological state and its environmental duties it has been investigated in many areas of environmental law and in academic studies and administrative bodies’ research studies, relations between the government and the environment in transition to a green government is without any history of research. This area is considered as a new approach to the concept of government. The authors seek to explore the effectiveness of a right to the environment on the content and structure of government and, in this regard, Iran is considered as the basic geography of the research. Here, the authors have used library resources and domestic and international documents to analyze the relationship between the state and the environment and have described and analyzed the legal relations and interaction of these two to achieve green government. We know that green government is a state founded on a right and we pay attention to environmental considerations and the impact of human rights on the structure, content and limits of green government in related titles. In this study, evaluation of the components of the relationship between the state and the environment, on the one hand, and the means of achieving green government, on the other, shows us first that realization of green government requires the formation of a special relationship between the environment and the state. In this context it is conceivable that an important role in shaping the government moves, in addition to the role of government in determining the fate of the environment and its elements, towards environmental values. Secondly, the green state is a government that focuses on the right to a healthy environment. So, as a rights-based government it is subject to restrictions related to that right and needs to predict patterns to guarantee the right to a healthy environment and resolve the conflict between that right and other human rights.