نشریه حقوق اساسی
پیاپی 32 (پاییز و زمستان 1398)

With the advent of the Industrial Revolution, the process of human economic life underwent a fundamental change, and with industrial progress, the role of manpower, especially workers in the rotation of industrial activities became more apparent. The extreme poverty of this group and the dependence of their lives and livelihoods on work and factory, may have led to labor strikes and irreparable damage to employers. Thus, the economic interests of employers and the economic development of Western countries have led employers and governments to meet some of the essential needs of workers, and to provide them with the necessary security for the life or financial risks of work. As a result, social insurance was formed. On the other hand, the countries following the capitalist system, in order to counter the progress of communism, generalized social insurance and provided it for the members of society. Social insurance covers a wide range of people in the community, mostly employed people and their families. The purpose of this type of insurance is to protect individuals in the community against natural or social and economic risks, and because of its impact on the fate of society as a whole and its impact on the conditions and fluctuations of society, the government plays a key role in policy-making, monitoring and implementation of this insurance. Is in charge.

Efficient supervision, undoubtedly, is one of the desirable constitutional system's pillars. Considering of a proper supervisory mechanism in order to idealistic realization of political system's ideals is an obvious necessity. Existence of different supervisory devices in the three branches of government and in other institutions, although is mandatory, but doesn't necessarily end in accessing of the political system to its goals. Disharmonic and parallel-like supervisory measures may create an inefficient supervisory sample; so that weak points of administrative structure remains hidden and heavy costs imposes on public budget.The Council of Supervisory Bodies was constituted as a coordinator in order to meet this need. In this article it is tried to investigate, through documentary and analytical studying of the Council's formation process, its status and competence in Iran's constitutional system.

Article 167 of the Constitution and Article 214 of the Code of Judicial Procedure of the General and Revolutionary Courts, approved in 1999, allow the criminal judge to issue a verdict in cases of silence, defect, brevity, conflict or ambiguity of the law, referring to jurisprudential sources. The ordinary legislator, relying on the wording of the said principle and its misinterpretation, and without considering other principles of the constitution and certain inalienable legal principles, has allowed the judge to refer to jurisprudential sources in criminal cases. This interpretation has caused the legislator to implicitly refer to Article 638 of the Islamic Penal Code by creating a general and vague criminal title of "pretending to commit a forbidden act" and the dubious application of the text of the said article on the punishment of the act of haram act in order to remove ambiguity from this article. Prescribe to the jurisprudential sources to determine the instance and punishment of the forbidden act. However, since this leads to the creation of a crime and falsification of punishment, it contradicts the principle of legality of crime and punishment and the principle of separation of powers and the exclusive competence of the legislature in the enactment of the law. Therefore, the logical interpretation of Article 167 of the Constitution requires that, given the acceptance of the principle of legality of crime and punishments in the Constitution, the permission to refer to jurisprudential sources in criminal cases should be avoided from cases that lead to the creation of crime and punishment. Therefore, in Article 638 of the Islamic Penal Code, referring to jurisprudential sources is contrary to the Constitution and Sharia standards. It is expedient for the legislator to amend or repeal this article and to pay more attention to the constitution in amending it. Before amending or repealing this article, the observance of the constitution requires that judges deal with unauthorized behaviors and punishments in law. Vote for innocence. < p >

In recent literature on human rights, a commonly accepted approach has been to classify such rights in terms of generations, divided into four generations. 1- The First generation of Human Rights and the Universal Declaration of Human Rights (1948) 2- The Second generation of Human Rights: the UN Twin Conventions 1966 as well as other core Treaties in international system. 3- The Third generation: Collective, environmental and development  rights. 4- The fourth generation: The right to sustainable development of the future Generations. In recent years, the global women's rights movement has become a visible player in civil society and United Nations negotiations. Particuarly around the big UN Conferences of the 1990s, the lobbying of women's rights networks has established issues such as women's empowerment, gender Mainstreaming and Women's human rights as a key features of UN inter govenmental negotiations and agreements. In the past, human rights has been Conceptualized in a way that did not take account of women's lives and the fact that women routinely forced violence, discrinaion and oppression. But Under the development of human rights in terms of generation, gradually effect on women's rights. Today women's right is human rights.  In this paper I analysis the developments of human rights on women's Rights specially working Women. The hypothesis of this Paper is, despite the progressive development of women's Rights in the framework of Human Rights, But there is no full equall rights between women and men in work places.

Whereas after a major socio-political transformation, including the revolution, the formation of an independent government in a land, coups, etc., the existence of a new political treaty between the people and the government that reflects the rights and freedoms of the nation and the new organization of political organizations. A new legal order is needed, new rulers may formulate and approve the new basic norms of society (the constitution) in one of different ways. With the adoption of the new constitution, the old legal order will be abolished and the new order will be established. The latter order will contain the principles and values ​​to which the said transformation has taken place. The above-mentioned principles and norms, which were set by the first founding power of the new government (the founding power), must be observed by the institutions established in the constitution and the people. By establishing the power of revision and the method of revision, the founding power will pave the way for the revision of the constitution so that the powers born of the constitution (the three powers), especially the legislature, will not be able to revise the principles of the constitution like a normal law. The distinction between the founding power and the founding power is a reflection of the substantive and formal difference between the basic norms and the normal norms in a law-governed state. Therefore, before accepting the principle of separation of powers, we must believe in the principle of distinction between the founding power and the founding power.

One of the most basic ways of realizing people's participation in the decision-making, planning and administration of community affairs is participation through elections; what has been emphasized by the constitution legislators in the constitutions of the countries of the world, including Iran. There are many factors involved in attracting or eliminating participation, but what is explicitly discussed in this paper is the impact of the use of new technologies, and in particular on electronic elections. In this essay we will take a look at the merits of electronic elections that are effective in attracting participation and the essential requirements we need to take into consideration the experience of leading and successful countries in this field. E-Voting increases participation in two steps; in the first step, cost reductions, reduction of fraud and errors, and synchronization with the international community are among the reasons why electronic elections increases participation. In the second step, electronic elections will increase participation through attract the lost votes, the possibility of becoming a culture and reviving direct democracy.

Second half of the 90s, there was an increasing amount of articles discussing in very special way the economic development in relation with legal origins. These theorists, all of them economist, believe that legal systems originated from English Common Law economically are more efficient and more developed than their French Civil Law- based counterparts.In this article, it was my aim to discuss this theory in very concise and compendious format. Realising this, the subject has been presented in three parts as follow: typology of the theory, then study of its very content and finally considering the critics.

Legislation is a science that, despite its great importance, has been neglected until recently under the influence of the dogmatic principle of the social contract theory, which protects the public will from error, intentionality and arbitrariness, but in recent years this principle has become apparent. In representative democracies, legal doctrine in developed countries has developed methods and principles of legislation inspired by legal theories, principles contained in constitutions and the jurisprudence of constitutional courts, so that the efforts of jurists and legitimate governments and their methods and attention to procedures and methods The various social sciences promise the gradual evolution of science called the science of legislation

The President holds a high position in the political system of the Fifth Republic of France, which is based on the Constitution adopted on October 4, 1985. The characteristics of this political system require that the president have a lot of authority and at the same time be safe from aggression. The ambiguity of Article 68 of the above-mentioned constitution in stating the non-criminal responsibility of the President led to the issuance of contradictory opinions and interpretations by the various authorities of the content of this article. The decision of the French Constitutional Council of 22 January 1999 to declare a conflict between the statute of the International Criminal Court and the French Constitution on the criminal liability of the President and members of the Government also widened the scope of these discussions. Finally, the French president commissioned a commission to investigate the matter and make proposals for constitutional reform. In this regard, after a brief discussion of the Fifth Republic and the position of the President in this system, we will first discuss the principle of irresponsibility of the head of government and the need to reform it, and then examine the achievements of the Commission on Reflection on Presidential Criminal Responsibility.

In the contemporary world, civilized man is exposed to the dangers that have made him more miserable and miserable in the face of the shaky foundations of the universe. Primitive man was incapable of envisioning the future. Whenever this strength was created, it was able to escape some of the incompatibilities of various environmental factors, including being safe from animal cruelty and other human violence. This article takes a look at the social security status of human rights. This issue has been an important part of the demands of the people in recent years as one of the socio-economic-cultural rights. Social security is a concept that is important not only nationally but also internationally and is reflected in important human rights instruments in the context of fundamental human rights issues.

A great capital called fundamental rights is the result of important and costly civil movements, popular struggles and their integration with customs, beliefs, and finally the techniques that have reached us today and are constantly changing and Are transformations. In the meantime, the existence of some taboos that have been knowingly or unknowingly turned into indisputable schools of thought by public jurists seems to be the subject of exploration and discussion. Because the principles of religions have not been ineffective in the formation and development of human knowledge and have always been directly or indirectly influential in the context of historical developments and decisions. In this case, scientificization and localization of some concepts, if not accompanied by precise subtleties, will cause misguidance and deviation from the main goal of human knowledge and move in the valley of unwanted wonders. One of the most colorful religious concepts is the belief in the Trinity in Christianity, which forms the basis of traditional and even modern fundamental rights today. The other is the theory of two swords or scholasticism, and ultimately tolerance is the latest principles of thought that have been studied by the authors of the article. The presence of the theological teachings of a particular religion in the main intellectual content of fundamental rights seems to be a serious reflection on the history of constitutional rights.