فهرست مطالب

  • پیاپی 28 (پاییز و زمستان 1396)
  • بهای روی جلد: 200,000ريال
  • تاریخ انتشار: 1397/03/20
  • تعداد عناوین: 6
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  • Javad HOSSEINZADEH Pages 1-16
    Sending students abroad (scholarship) were conducted according to the executive regulation of law governing of sending the students abroad by holding a exam until 2004. Between 2006 and 2008, the condition for the exam was removed and with changing the regulations, other criteria for the selecting volunteers for sending abroad are legislated. According to the Court of Auditor's report in 2013, some of these changes were not legal and also the some rules are not correctly implemented in the same way for those who were accepted.
    The verdict that follows, is analyzed and criticized, refers to one of the scholars admitted whose after graduation, for employment at a university in which he was already located has filled a lawsuit in the Administrative Court of Justice. After reviewing the case, the court has ordered the issue out of time that the admission and placement of the volunteers of the scholarship means the obligation of the scholarship provider to hire them after the completion of the scholarship. While this inference is not consistent with the legal principles, laws and regulations governing the employment and recruitment of applicants to the faculty membership of universities and educational and research institutes.
    Keywords: Verdict critiaue, sending student, scholarship students
  • Saeed KHANI VALIZADEH, Amir Ali LOTFI Pages 19-41
    The Constitution, as the supreme law and guaranteeing rights and freedoms of the nation, is a legal and political document and the other laws and regulations in all fields should be based on it and adopted in accordance with its provisions.
    In the Constitution of the Islamic Republic of Iran, a chapter is devoted to the rights of the nation, one of the rights of which is the right to education that signifies the importance and vitality of this right. Since every freedom and right is respected as long as it does not disturb the freedom of others and the public order, the two parameters of freedom of others and public order are considered as factors restricting rights and freedoms. The right to education is not excepted of this rule.
    In this paper we try to analyze the restrictions applied to the right to education in Iran’s legal system and to provide appropriate reasons on the impossibility of application of some of these restrictions.
    Keywords: Constitution, Rights of Nation, Right to education, citizens’ rights charter
  • Mohammad JALALI, Mohammad MOHAJERI Pages 43-67
    In the study of the issues of Constitutional Law, the analysis of the position of public officials in the light of their competencies is the most important approach to assessing their authority in the political arena. When an official becomes a powerful figure amongst his other counterparts, the importance of studying the status of this position is of double importance. The speaker of the Islamic Consultative Assembly has a wide-ranging and private jurisdiction in Iran's legal system in a comparative look to his other counterparts. Considering the dimensions of the competence of the Speaker of the Parliament, given the internal and external work of this public official with a comparative view of other legal systems, leads us to the fact that the speaker of the Islamic Consultative Assembly has a special place in the legal system of Iran. In this paper, in a descriptive and analytical way, we question the position of the speaker of the parliament as the head of the legislature, and in the wider sense of the reasons and reasons for the presidency of the legislature, what are the credentials and qualifications. Meanwhile, we have explained the extensive authority of this position, which is confirmed by the speaker of the Islamic Consultative Assembly to prove the chairmanship of the legislature, and we have achieved such an achievement that the speaker of the Islamic Consultative Assembly serves as the head of the legislative branch of the Iranian legal system. In some cases, this position is criticized also in legal principles in Legal Systems.
    Keywords: Speaker of the Islamic Consultative Assembly, Head of the Legislature, Management of the Parliamentary Assembly, Management of the Meetings, Special Supervisory Authority
  • Hassan KHOSRAVI, Toktam KHOLOUSI Pages 69-93
    International law Development after the Second World War demonstrates a shift paradigm from a state interest approach to a human rights perspective specially after proclaiming of the Universal Human Rights Declaration. Such a development has affected all international topics including “ Security” concept. There is a relative universal consensus on definition of Human Security includes the protection of the vital cores of human life from common treats while stands in consistent with the perfection and lasting prosperity of human beings. This article while presenting the John Rawls Theory of Justice as well as Human Security Doctrine, with a descriptive – analytic approach shows how human security would be protected in the light of distributive justice theory. In other words, it describes how the theory makes the philosophy frameworks for human rights doctrine such as human security in such a way that international community would be able to agree upon it for promoting , peace, security and justice.
    Keywords: Human Security, Justice Theory, John Rawls, Human Rights
  • Moslem MOHAMMADZADEH Pages 95-118
    Note 1 of Article 26 of the act on the Organization, Duties and Elections of Islamic Councils of city and village and the Choice of Mayors, adopted in 1375, stipulates that "religious minorities recognized in the constitution instead of Islam have to be faithful in the principles of their religion. " This act has been approved by the Guardian Council on 23/3/1375 in accordance with principle 94 of the Constitution of the Islamic Republic of Iran. The Guardian Council, in a commentary dated 26/1/1396, has considered that the note 1 of article 24 is illegitimated and invalid in relation to the areas where the majority of its inhabitants are Muslims. Based on this view, in such areas, non-Muslims cannot participate as candidate of the Islamic Council of City and the Village. In this paper, it has been attempted to criticize the Guardian Council's perspective from the point of view of the absence of an independent constitutional justice in the constitution of the Islamic Republic of Iran.
    Keywords: Guardian Council of the constitution, constitutional justice, rule of non-domination, interpretation of constitution
  • Mojtaba VAEZI, Sara FADAEE Pages 121-147
    The quality of the decentralization elaborates the degree of consideration and evaluation of a legal and political- system about the rights and liberties of citizens particularly in the field of public participation in locals affairs. In addition it describes the quality of locale management and the approach of above-mentioned system to local development. In this research, considering the legal and theoretical foundations of local management, we study, by the analytical method, the quality of local management performance in the principal countries for instance France, Great Britain and the United States. In this regard, with a short view to Iranian legal system, we conduct a precise pathology in this subject. It seems that France belongs to a model more centralist which tries to remain the central power but two other countries, Great Britain and U.S.A would rather the local rights and liberties. Among the
    Keywords: Decentralization, Local management, France, Great Britain, United States