نشریه حقوق اساسی
پیاپی 23 (بهار و تابستان 1394)

Analyzing the experienced governance models in political sphere of a society which has passed for any reason from that models, it's not merely as supplying a historical phenomenon, rather it means re-evaluation of that as experienced patterns which needs to review in the form of fundamental and philosophical studying. 
Detailed assessment of causes and influential factors in emerging of the constitutional theory and generally political-historical position of that is completely out of our subject. Rather this article wants to evaluating the epistemological models of that and describing its position in constitutionals laws theories.

Study of the Guardian Council's opinions on the position of both constitutional interpreter and constitutional controller suggests that the control mentioned in the principle 99 of theConstitution, is "general", "approbative", "obligatory", "exclusive", "conclusive and final", "denying unnecessary legal constraints" and its "criterion of voting is absolute majority". Despite of some legal arguments based on principles of theConstitution provided by the lawyers regarding exclusion of investigating the qualifications of the candidates from general control, it seems that the philosophy of thecontrol on elections makes it necessary that Guardian Council's control also be exerted on investigating the qualifications of the candidates. Despite of expression to approbative control, Guardian Council's procedure in investigating Parliament's statutes in many cases indicates Guardian Council's shift from approbative to legal control. The lawyers' arguments justifying the legal control are more legitimate than those justifying approbative or informative control. In the view of Guardian Council, thecontrol on elections is obligatory, and, such legislations as appointing some Controllers - including person, authority or agency- along with Guardian Council, appointing an agency reviewing Guardian Council's opinions, constraining Guardian Council's jurisdiction, and specifying the criteria other than absolute majority for pronouncing, all of these, are contrary to principle 99 of theConstitution.

The issue of violating of right to privacy of individuals is not new subject.  We have seen playing videos and photos or private conversations and have heard in this case.  But what has attracted attention in recent years and it was also controversial is spreading the news of their personal lives, which sometimes has been a head of state and because of this issue have gone to the brink of dismissal. On the one hand, the requirements of contemporary era and also Medias in the pursuit of knowledge for managing the society and control of issues required that the people proposed the new idea as the right to know. On the other hand, despite the bad attitude to some kind of issues, threating of violating of right to privacy and personal space was proposed. The companion of right to privacy and people awareness about public official causes, we propose the theory of legal limitation and judicial precedents based on the idea of balance as low objectionable idea.

Accountability is an index to identify a democratic system as well as one of its building blocks. Continuous assessment of affairs can bring about a better conduct on the part of officials and public institutions, optimized use of public resources, prevention of deviance and corruption for society and it can stop despotism, dictatorship, and violation of the citizens’ rights by the authorities. Government accountability, monitoring and other public authorities is to ensure accountability for actions and decisions in the face of other state institutions, people in order to ensure that government objectives, maintaining public interest, and improvement of government actions and ensure that the remaining measures mentioned in the limits of law, accountability, public accountability forms with vertical accountability (to the top) and horizontal accountability as the three main forms of accountability (based on the relationship between accountability and responsiveness will), he have., whether such an interpretation is contrary to the concept of separation of powers, as the essence of modern constitutional rights would be.

Following globalization of free economy, liberation policies including reforming subsidies has attracted some attention because subsidies hinder free trade and cause shortage of budgets, environmental pollution, and loss of resources, etc. It should be noted that through general payment of subsidies, maintaining social equity is impossible. Studying the impact of subsidies reform on social rights and suggesting solutions to eliminate that is the aim of this paper. What is the effect of enforcing this law on social rights? It seemed that after enforcement of such law, subsidies will flow toward the target poor and social rights will become realized better. But in this law, target population has not been defined, subsidies have not been reformed, some articles concerning social security have legal mistakes and social rights have not been considered at all. Therefore, such law has mostly resulted in liberation and liquidation of subsidies and there is difficulty in terms of providing its funds. Thus, it is suggested that through amendment of this law and defining target population, true reform of subsidies becomes realized, social rights are taken into account and infrastructures of its enforcement such as amending tax system and observation of good governance principles are taken into account.

Freedom of expression as internal opposition groups tell, it's not without any limitations. International human rights system particularly European human right convention has established some restrictions. Morality is of those restrictions which has concept and meaning ambiguity. It has changed from time to time and locations to locations. Because of that, European human rights convention cannot apply special criteria in relation to morality. These circumstances have led European human rights court to margin of appreciation approach to identifying and formulating of morality. Judges attentions to judging morality by majority of people and ultra-attentions on pluralism are very important in identification of public morality violations in European human rights systems.