نشریه دانش حقوق عمومی
سال نهم شماره 3 (پیاپی 29، پاییز 1399)

According to the Article 85 of the Constitution of the Islamic Republic of Iran, legislative and experimental legislation is a type of law-making that is an exception to the principle of “prohibition of delegation of legislative authority”. Although such laws are accepted in the Iranian legal system and have advantages such as speed in legislation, reducing inflation and increasing the efficiency of laws, but confronts with objections like contradiction with the principle of prohibition of delegation of authority, the principle of separation of powers, the characteristics of collectiveness and transparency of the parliament. Despite the exceptional nature of this type of legislation, in many cases, it has been treated as a principle and this has resulted in violation of the principle of prohibition of delegation. Also, since in practice, a precise assessment is not made after the end of the probationary period, as a matter of necessity and in accordance with the Article 85 of the Constitution, if a precise assessment is made after the end of the probationary period, it is acceptable as a desirable law. This research is done through a descriptive-analytical method based on the documentary data, but is also an applicable research because its results change the existing procedure.

The simultaneous growth of the state of welfare and information society has led to a shift in the nature of the relationship between the government and citizens. The administrative decisions and announcements are effective in people’s lives, and people are planning and operating with trust and reliance on them or losing opportunities. With the government deviating from its decisions and announcements, all or part of planning, action and expense of people or missed opportunities will be wasted. In such cases, in case of proving fault, the government may be ordered to compensate. The government has coercive responsibility against citizens and by establishing a causal relationship, the government is obliged to compensate the damages. In direct damages, the government's responsibility is not difficult to justify but it is impossible to justify the government's responsibility, especially from the loss of opportunities and measures that have been made due to the government’s decisions or announcements that might harm citizens. The purpose of the civil liability for breach of reliance in order to protect the legitimate expectations is to put the harmed party in a situation that if such a decision was not taken, the party would still remain in the same situation.

According to the Article 6 of the Constitution, one of the methods of governing the country is to refer to public opinion and hold a referendum. In this regard, paragraph 3 of the Article 110 of the Constitution states that one of the duties and powers of the Supreme Leader is to issue a "referendum order". The ambiguities of this paragraph have led to some debates and disagreements regarding the inclusion of the authority of the Supreme Leader in the issuance of the legislative referendum order as the subject of the Article 59 of the Constitution. Therefore, the main question of this research is dedicated to the analysis of the competence of the Supreme Leader in issuing a referendum order. The present study, through a descriptive-analytical form and using library data, based on the detailed negotiations of the Constitutional Review Council and the legal reasoning, as well as adherence to the paragraph 3 of the Article 110 of the Constitution, believes that the authority of the Supreme Leader is not limited just to issue a referendum order on Constitutional revision, but includes the legislative referendum set forth in the Article 59 of the Constitution.

Free trade zones play an important role in the economic development of countries by attracting foreign investment and strengthening export-based production. In Iran, according to the Article 5 of the Act on the Administration of Free Zones, the trustee of the administration of each organizational zone is a governmental organization, which is one of the pillars of commercial companies. According to existing studies, Iran's free zones have not been very successful in achieving policy goals. One of the approaches that can improve and reform the performance of these areas is the legal pathology of the administrative organization of the mentioned areas. Over the past two decades, corporate governance has been the main model for studying the structure and rules of companies. The present study has tried to evaluate the structure and rules of governing the Free Zones Organization with the criteria of corporate governance. The findings of the study indicate that the design of the rules of management of the Free Zones Organization, is not in line with the criteria of corporate governance. In fact, the legal status of this organization is the product of a flawed integration of the broad tasks of governance with economic goals in the legislative process. Therefore, one of the optimization ways in this regard is to separate the governing powers from the managerial and business activities focused on economic development.

Voting as a decisive act in elections, regardless of the degree of influence on the order of religious democracy, in all referendums and elections, sometimes takes a deterrent form and is cast white. Legal systems have each chosen an analysis of the identity and effect of the blank vote; But in the Constitutional law order of Iran, blank votes are considered as cast and invalid votes. The main issue of this work is the analysis of blank vote on both sides of the citizen and also the legal confrontation of the ruling electoral system. On the one hand, the identity of the right-holder or abuser of the blank vote determines the legal status of the voter in relation to the election and clarifies his or her duty or right to the political system as well as to the candidates. On the other hand, what identity and effect will the blank vote received by the executors have on the fate of the elections and the political system? According to the library studies and descriptive-analytical approaches, this article, without being caught in the dilemma of right or duty, considers the preservation of the political system and the necessity of consulting the Islamic ruler as a constraint on the right to vote or a basis for disrespecting the blank vote. It also analyzes the nature of blank vote as silence or "La Adri".

According to the Act on the Organization and Procedure the Administrative Justice Court - passed in 2013 - the procedure of the Court is predicted in three forms: explicit stipulation of the provisions in this Act, explicit reference of some issues to the Civil Procedure Act and the Act on the Enforcement of Civil Judgments, and general reference to mentioned acts in cases of silence. This research through a descriptive-analytical method seeks to explain the citation limits of the Civil Procedure Act in the Administrative Justice Court. It was concluded that in none of the two recent above-mentioned cases, it is possible to cite to the Civil Procedure Act in the Administrative Justice Court. The provisions of this Act cannot be invoked. Therefore, so as to cite to the Civil Procedure Act in the Administrative Justice Court, only those provisions of this Act can be invoked that are consistent with the structural requirements, jurisdiction and nature of the lawsuits filed in the Court. Due to the fact that the lack of explanation of the above-mentioned criteria causes divisions in the judicial precedent or violation of the rights of the individuals, it was suggested that the Comprehensive Act on the Procedure of the Administrative Justice Court be passed.