نشریه حقوق اساسی
پیاپی 30 (پاییز و زمستان 1397)

The Constitution as criteria for governance has two modes: formal mode and informal one. The latter appears subordinately in era s evolutions. Therefore, in governance course, alteration in form and function of government is probable. Leader Governmental Orders is a consequence of governance experiment. Although they have not introduced in the Constitution definitely, these orders take into account as means of problems resolve and protection of public interest. Therefore, this research seeks to study about entity of this legal subject which has an implied existence in the Constitution. In addition, probes into find a better pattern for the governance by envisaging its impacts. It seems that there is no formal independent framework for enforcing governmental orders in present circumstances; however they have been existed on the strength of leader’s personal authority. Besides, the expanse s of these orders and their validity duration must have regarded.

When students mainly conducted democratization movement in the 1970’s and 1980’s, special civil society's or citizen groups mainly led anti-corruption motions from 1989.  This study using analytical – descriptive, analyses " The Role of Civil Society in Combating Corruption in South Korea with consideration UN Convention against Corruption.  The result of this research shows that Citizen Groups, civil society and NGOs  played crucial role as a supervisor for national election campaign monitoring, national budget monitoring, and business monitoring. Citizen groups also cooperated in a close manner with the government when the latter showed their sincere will and invited them to operate together. Although many reform proposals of civil society have been accepted and executed by the government and partnership between the civil society and the government has developed, Korea still has a long way to go against corruption. This article seeks to explain why and how civil society such as "Coalition for Economic Justice (CCEJ)"People’s Solidarity for Participatory Democracy (PSPD)" and others came to play an important role in anti-corruption reforms. in addition it considered expected role of civil society in the future in Korea, and whether and how civil society can play a similar role in other developing counties.

The government agencies listed and defined but no definition of the institutions dependent on state in act is not. the government only to the extent that the laws and effects of the law have been defined or legislator with the so-called institutions of government, along with other forms of organization units intended to form the device public administration has introduced if such the legal system governing the types and instances of individuals, whether it What are and what criteria can we recognize them? And more importantly, the recognition of which is derived works? In the legal field, the doctrine of administrative jurisprudence is almost silent and ambiguous.Paper to explore, explain and analyze evidence several hypothesis in this regard and subjected criticized the hypothesis more justified as call specific issues in the introduction and in the light of the ambiguity of the term reduce government institutions.

All living creatures have naturally their own needs. Subsequently, human beings, as the most privileged creatures, have a variety of needs which become more complicated than those of other creatures due to their endowment with reason and decision-making. These needs impose a group of rights and obligations on human beings, and in this way the status of human life will be revealed.The primary and most evident right which every human being enjoys is the right to life, which gives rise to other rights. As much as the very essence of right to life and the necessity of respecting such right is important the quality of such right is of significance. This is explained by the fact that if such right is harmed, the outcome will be the same as the abrupt denial of this right with the only difference that denial will be gradual.This article seeks to underline the significance of the quality of right to life in addition to providing several examples of urban challenges threatening the quality of citizens’ right to life with a view to drawing attention to the fact that in protecting the humans’ right to life, all harmful factors need to be identified and countered.

The United Nations commission on human rights (UNCHR) was established as functional commission within the overall framework of the United Nations in 1946. During the second phase of its function when it decided to adopt interventionism as its policy in 1967, the commission was faced with major challenge of politicization of human rights consideration and exploitation of its mechanism and procedures by certain countries manifesting itself in non-compliance or violation of the UN human rights guiding criteria such as impartiality, independence, transparency and objectivity. This was met by the growing concern and discontent of international community.The continuity and exacerbation of the said concerns and emergence of their diverse manifestations in recent decades led the United Nations members, particularly the developing countries who were often the target of said exploitation to intensify their endeavours to bring about structural reforms and appropriate substantive changes. This ultimately led to dismantling of the Human Rights Commission and its replacement by the UN Human Rights Council and its progressive procedure of Universal Periodic review (UPR) in 2006. The main objective of the article is the assessment of the scale of compliance or infringement of the Council Special Procedures’ mandate-holders of the aforementioned principles and standards. With descriptive-analytical approach, the article examines the Human Rights Council’s monitoring mechanisms including country situation rapporteurs, and in particular the conduct of the Special Rapporteurs on human rights situation in the Islamic Republic of Iran. The findings of the present research, indicates that, despite certain reforms and improvements this specialized organ of the United Nations continues to be faced with the chronic challenges of the past preventing it from implementing the crucial task it shoulders.

Based on the seventh principle of the constitution of the Islamic Republic of Iran, people's participation in decision-making and legislation through their representatives in the Islamic Consultative Assembly and Islamic councils of the city and village is carried out. Participation of people in various political-social spheres is seen as a symbol of their sovereignty, which can take place in the field of legislation, both in law and in reforming and supervising it. The right to self-determination in the last half century is one of the recognized principles and many consider it the essential element of legitimacy. In this research, with a descriptive-analytical approach and within the framework of law knowledge and relying on library resources, we examine the status and role of the people in the legislative process in the Islamic Republic of Iran and its impact on the effective governance of the people.