نشریه دانش حقوق عمومی
سال دهم شماره 1 (پیاپی 31، بهار 1400)

The Article 157 of the Constitution places the responsibility for all "judicial", "administrative" and "executive" affairs of the judiciary on the head of the judiciary. According to the Article 160 of the Constitution, "full financial and administrative powers as well as employment powers [of the judiciary]" are provided for the head of the judiciary. In addition to the mentioned Articles, according to the Articles 126 and 52 of the Constitution, the President is "directly" introduced as the person in charge of program and budget affairs and administrative and employment affairs of the "country", and on the other hand preparing the "annual budget of the whole country" is vested in the government (the executive branch). Therefore, resolving the existing ambiguities regarding the limits of the administrative and financial competence of the head of the judiciary and explaining the manner in which it relates to the administrative and financial competencies of the president has been the mission of this research. Examining this issue in a descriptive-analytical format showed that according to the interpretation of the Articles of the Constitution, although the administrative and employment competence of the judiciary is with the head of that body, but due to coordination of affairs and suitable distribution of financial and administrative resources, this competence should be exercised with the coordination and approval of the president.

Representation in the parliament is a serious matter that requires experienced specialists and experts, and therefore it is necessary to set conditions for the candidates. The main issue of this research is what strategies are available to promote the qualifications of MPs in the field of determining the conditions of candidates based on the constitution and General Policies of the Elections. There is disagreement among jurists regarding the position of the Constitution of the Islamic Republic of Iran in determining the conditions for candidates for parliament. Some believe that according to the Article 62 of the constitution, determination of conditions commensurate with the requirements of the time has been left to the ordinary legislator, while others believe that the constitution, in addition to giving the legislature the power to determine the conditions, implicitly sets some basic conditions. By selecting the second opinion and using a descriptive and analytical method, this study evaluates the current conditions of the parliamentary election candidates, both in terms of determination and in terms of how to achieve them, and by emphasizing the principles of this issue in the constitution and general policies of elections, strategies to improve these conditions are provided. Removing ambiguity from qualitative conditions using methods based on principles such as defining and counting negative instances and also, modification and completion of some objective conditions such as adding dual voluntary citizenship or conviction for all economic and moral crimes to be deprived of being selected are of the most important suggestions of the present study.

The General Inspection Organization is the equivalent of the Ombudsman in other countries which has a long history. Use of the term in its modern use began in Sweden that has been used for hundreds of years in Europe, the United States and other parts of the world to detect corruption and inspect government departments. The General Inspection Organization after ratification of the Constitution in 1979 has been placed under the judicial branch. To carry out effective and operative supervision, the ombudsman should entail special tools. The ombudsman must have the financial and organizational independence of the institutions that are being inspected. It is necessary to use specialists in different fields. There should be precise rules to ensure the independence, impartiality and effectiveness of the inspection report. The main question of this article is: What is the status of the General Inspection Organization in comparison with the standards of the institution of ombudsman? To analyze this question, first, the institution of ombudsman is examined and then it is compared with the laws and regulations of the General Inspection Organization. The research method in this article is descriptive and the method for collecting data is based on library research.

The branches of humanities and social sciences, including law, are inevitably based on a particular view of human nature. The Constitution, as the largest source of the most political branch of law - public law - carries a view of the nature of man, which can be deduced from its principles with the help of the introduction and detailed discussions of the Constituent Assembly. The result of such an effort can help researchers to better understand the ruling legal-political system and the basis of the norms prescribed and the institutions provided for in the constitution. This article tries to answer the fundamental question of what human nature in the perspective of the constitution is, and what the characteristics of a political society composed of human beings in this law are, and the answer of the Constitution of the Islamic Republic of Iran to what and who is human? The findings of this study show that the human being of the Constitution of the Islamic Republic of Iran, in the position of God's creature, considers sovereignty and legislation as his own and submits to his command and regulates his relationship with other human beings and nature according to his divine duty. The Constitution man is inherently a growing person, free and endowed with inherent dignity, and equal to his own kind. The view of the Constitution is that the political society of Iran is united in the circle of belief and governs its social destiny and is growing towards its goal. The Constitution is optimistic about human nature, although it has not ruled out the possibility of crime and error.

Based on various Articles of the Constitution (such as Articles 58, 71 and 85), some processes determined in the Rules of Procedure of parliament and the various decisions of the Guardian Council in this regard, the dominant approach of the legal system should be introduced as maximum and active participation of MPs in the legislative process. The present study, through a descriptive-analytical method, while proving the need for maximum and active participation of MPs in the legislative process, has identified and analyzed the procedures that violate this approach. Based on the findings of this study, some of the procedures of legislation in terms of dependence of some of the proposals and bills on declaration by the opposition representatives, approval of some proposals and bills, including those in the field perpetuating the experimental laws and approval of consolidated proposals as a whole, and also lack of maximum and active participation of the delegates in the debate of the annexes to the proposals and bills - especially the annexes to the budget bills and international agreements - are not in line with the dominant approach of the Iranian legal system. Therefore, modification of the mentioned processes and procedures is expected in order to comply with this approach.

According to the Civil Service Law adopted in 1984, every Iranian male under the age of 18 is subject to the rules of military service. Considering that after the end of military service, people are employed in the private or public sector, one of the important issues regarding the military service is the possibility and method of counting two years of military service as a part of the insurance record. Noteworthy to say that according to the type of employment, there are different legal rules for counting military service in insurance records after completing the military service. Considering the jurisdiction of the Court of Administrative Justice in handling employment claims of government employees and complaints of persons subject to the Social Security Law in accordance with Article 10 of the Law on Organization and Procedure of the Court of Administrative Justice, it seems essential to study and review the judicial procedure of the Court of Administrative Justice regarding the quality and criteria for counting the insurance record. Based on the jurisprudence of the Court of Administrative Justice, counting the military service record as years of service and insurance records. In accordance with the judicial precedent of the Court of Administrative Justice, this issue can be studied separately for Armed Forces personnel, the insurers of the State Pension Fund and those covered by the Social Security Law. In this research, using a descriptive-analytical method, the quality of caounting the military service record as the insurance records has been examined by reviewing and analyzing the opinions of the General Assembly of the Court of Administrative Justice and related laws and regulations. Considering the jurisdiction of the Court of Administrative Justice in handling employment claims of government employees and complaints of persons subject to the Social Security Law in accordance with Article 10 of the Law on Organization and Procedure of the Court of Administrative Justice, study and review the judicial procedure of the Court of Administrative Justice regarding the quality and criteria A history of insurance seems essential.According to the jurisprudence of the Court of Administrative Justice, the calculation of military service history as years of service and insurance can be studied separately for Armed Forces personnel, insurers of the State Pension Fund and those covered by the Social Security Law. In this research, using descriptive-analytical method, the quality of calculation of military service record in insurance records has been examined by reviewing and analyzing the opinions of the General Assembly of the Court of Administrative Justice and related laws and regulations.