نشریه پژوهش های نوین حقوق اداری
پیاپی 3 (تابستان 1399)

Regulation is one of the most effective and sensitive governance competencies. Using these regulatory tools, government officials directly and indirectly define behavioral frameworks for citizens. The Guardian Council, as the sole legislative body of the Constitution, has been established with unique powers in the Constitution, including the interpretation of the Constitution and the monitoring of elections. Consideration of the legislative record shows that the council, in order to fulfill its basic duties, has directly or according to the approval of the ordinary legislature, enacted various regulations. This paper is concerned with identifying the justifiable basis for the Guardian Council's by-laws, the thematic and judgmental scope of this jurisdiction, and the possibility of overseeing the Council's approved regulations. The research findings show that the Guardian Council has the authority to write regulations in accordance with the provisions of the Constitution and their administrative requirements. The scope of the Council's jurisdiction in regulations is thematically limited to the powers provided for in the Constitution and is mainly the subject of Articles 4, 85 and 91 to 99. The limits of this council's competence in terms of jurisprudence, loyalty to the texts of the constitution, observance of the jurisdiction of other institutions and the pillars of constitutional rights, as well as the necessity of enforcing the rule. In terms of oversight, it has been concluded that the judicial oversight of the Administrative Court of Justice does not negate the independence of the Council and requires the guarantee

The transition from the gendarme to the welfare state and development of the powers and responsibilities of the government has provided a ground for the commission of crimes. As a result, the state`s criminal responsibility was born. In Iran the discrepancy ended with the recognition of the state`s criminal responsibility in 1395 and the stipulation in article 143 of the Islamic Penal Code. One of the concerns of this article is the criminal responsibility of government about the crime of Ecocide that causes destruction of plant and animal species. Consequently, by accepting the Strict responsibility of governments in the international arena, it seeks to provide a suitable way to compensate for environment damages. One of the effective factors in this field is the production and usage of transgenic products, which the Biological Safty Act of the Islamic Republic of Iran has paid attention to and in the Note of Article 31 of the Sixth Development Plan Law has been emphasized on the government`s responsibility about testing of transgenic products and informing the public.

The structure and function of German administrative law must be understood in light of historical issues and the requirements of the Constitution. In the 19th century, the political climate for the protection of human rights and the expansion of the rule of law changed and the level of government intervention in individual rights increased. As a result, judicial review was introduced to protect the individual in front of the adminstration. This century in Germany is characterized not only by the constitutional rights movement but also by the creation of substantive administrative rights. Administrative law became a separate discipline from constitutional law. The 1949 Constitution brought about fundamental changes in administrative law; It has established the form of governance and the rules that govern it, and in various respects it has provided guarantees for the rule of law and guaranteed effective judicial review. In recent years, there has been criticism of German administrative law, and a group of thinkers have called for the creation of new administrative law in response to the social, administrative complexities and demands of Europeanization, arguing that traditional German administrative law is no longer suitable for this purpose.

One of the aspects of intervention of some governments for producing and supplying artistic works like Music, theater and cinema is censorship for the form and contents; nevertheless, in Iran this censorship is significantly obvious about artists that is so-called as Prohibition to Work for Artists i.e. the artistic works are not subject of censorship; rather the person who created such artistic work is prohibited to continue working and this phenomenon was accompanied with applying prohibition or limitation in occupation of artists since the victory of Islamic revolution in Iran up to now. In the present research, this issue is studied from legal point of view and the result show that legal references of licensing system of art in Iran does not have qualification for prohibiting artists apart from their artistic work. Thus, according to triplet principles of “nulla crimen sine lege and nulla poena sine lege and judicial investigation of them” and in compliance with acts and regulations, it is only possible to prohibit person form continuing his artistic work by complementary punishment and order of suspension of punishment, postponement of verdict and conditional freedom only through final written verdict of qualified judicial courts. Thus, prohibiting activity of artists by order of Ministry of Culture and Islamic Guidance in practice is null and void in legal system and is regarded as unlawful.

As a public non-governmental organization, the municipality has a number of features, privileges and authorities that distinguish it from other public institutions, and today it plays a decisive role in people's lives by fulfilling its broad and diverse competencies by concluding public contracts. One of the ways to accelerate economic development and prosperity and create jobs in cities is to attract people's participation, capital and investment. In the field of urban management, the current law of municipalities sees the municipal system as a state system and only deals with the issue of tolls in municipalities. Despite the significant position of municipalities in providing public services, the status and legal framework of municipal projects in our legal system Not specified. This highlights the need to examine and explain the status and legal system of such contracts and legal barriers to their conclusion with the private sector.In this study, while addressing the nature and characteristics of partnership contracts in municipalities, the specific obstacles, problems and challenges of this type of contracts; Existence of special municipal conditions, lack of reliable rules for participants, lack of appropriate guarantees for participants, lack of managerial stability in the municipality, lack of privileges and facilities for participation, some administrative authority in the municipality, lack of participation brigade contracts, lack of transparency in laws and Municipal regulations and the instability and predictability of the law for the private sector have been identified, although these contracts face other limitations that have been addressed in detail.

Many writers and thinkers believe that the evolution of administrative law is inseparable from the rise and fall of theories of government and administration. In other words, changes in theories and approaches to managing public affairs and public administration have led to changes and the introduction of new approaches or frameworks in administrative law. In this article, we show that the transition from traditional views of governance to new public management and the emergence of regulatory governments, which see steering as the role and duty of government rather than rowing, and Privatization, deregulation, and the use of market style in the management of public affairs have led to the formation of a new generation of administrative law with distinctive features from previous generations. In this generation, which is called the "new administrative law" due to the "new public management", instead of the previous command and control systems, the emphasis is on public participation with the private sector, and the distinction between legislative and law enforcement steps is in place and Has given a dynamic interaction between these stages. However on the one hand the roles and responsibilities defined in our constitution for the government, and on the other hand, the formation of a global trend to reconsider the market-oriented conceptions of government and administration, has led to the achievements of the new administrative law in question. And its applicability in the legal, political and managerial environment of our country to face doubts.

Abstract As the individual’s rights play a central role in the modern administrative systems around the world, addressing the concept and analysis of the content and legal nature of the good administration is of particular importance. The Right to Good Administration perceived as one of the fundamental right of individuals to protect them against administrative bodies which was first introduced in the Charter of Fundamental Rights of the European Union. In this regard, the adoption of the “European Code of Good Administrative Behavior” by the European Parliament in 2001 is an important source for understanding the meaning, principles and axes that European Courts are trying to comply with. To clarify the importance of good administration, special attention should be paid to the principles of good administration, each of which is one of the basic guarantees against the abuse of power. In this research, two crucial principles “lawfulness” and “proportionality” is addressed. The findings of the present research, which have been studied descriptively and analytically, are that in the European Code of Good Administrative Behavior, these principles is explicitly mentioned and therefore in the structure of EU member states to practiced and considered. However, in the Iranian legal system, due to the lack of administrative code, some of these principles have not been identified and implemented although in the procedure of the Court of Administrative Justice, in some cases these principles have been considered.

The course "Administrative Law of Iran" is one of the most important courses in the field of public law; In a way that without knowledge it, Graduates of this field will not have enough ability to present their expertise to the community. This article is with understanding such importance which aims to discuss the most important challenges of this lesson. Therefore, it has answered this question: From the perspective of public law, what are the challenges of the Iranian administrative law course? In answer to this question, using the research method descriptive-analytical, the most important results are as follows: First; There are many challenges in the process of indigenous understanding of the concept of "administrative law" in Iran. Second; The subject of administrative law in Iran has always been on the margins of understanding and importance. Third; Due to the crisis in the relationship between "administration with society" and "administration with the government", the knowledge of "administrative law" has faced many problems. Fourth; Lack of historical understanding of the concept of "administration" and the rights governing it, the possibility of shaping Iran's administrative law has been challenged. Fifth; Due to the mentioned problems, administrative law books have not been able to have a significant relationship with the Iranian administration, as a result, these books have been ineffective in solving management problems.

The cadastre is based on the purpose of information-oriented engineering with the stability and security approach based on the ground unit and its technology function is of information and service type. Social returns, economic prosperity, legal effects and political implications. Efficiency and updating of this dynamic system can have direct and indirect effects on the functioning of other systems. Cadastre is a new management model and a new record. The security and transparency of land transactions are justified in the light of this intellectual framework. Cadastral information technology emphasizes the production and consumption of information. The full implementation of a multipurpose cadastre can meet the interests of the state and the people as a national goal. Improving access to information and better application of spatial and temporal data at a wider level will change the approaches and modify the functions through the cadastral system. Multi-purpose cadastre and sustainable exploitation of land rights are changing the nature and prediction of probabilities. Creating new plans for planners aimed at reducing disagreements and standardizing decisions. Therefore, the efficiency of cadastral information is in resource management and maximizing benefits. Quality standards, reasonable utilization, legal security, increased trust in investment, maximum optimal utilization, maximum economic perception, environmental balance and operational research in this system have a special place.

In different administrative systems, State-Owned Enterprises (SOEs) or State Corporations are created to achieve certain goals, such as earning or managing certain industries or natural resources, and are expected to operate similarly to private companies. In Iran, these corporations were established from the beginning of the formation of the modern administrative system in the country, but from the very beginning, due to the dominance of centralist policies, they became a part of administrative body of the state and in most cases, were subject to general laws and regulations governing administrative units such as ministries. Although the legislator tried to exclude some SOEs known as “To be Mentioned State Corporations” from the scope of these general laws and regulations from 1960 onwards, but since 1972, this type of state cosrporations has also been subject to general laws and regulations in most cases. In this article, with historical and analytical method, the application of general laws and regulations to this type of corporations has been challenged.