نشریه حقوق بشر و شهروندی
پیاپی 2 (پاییز و زمستان 1395)

Principles of the fair trial include topics such as the principle of innocence, protection of privacy, availability of defense rights, documented by law, prohibition of torture, the right to appeal, public hearings, etc.  The solution for judicial justice, which is a significant branch of social justice, is the protection of the principles of a fair trial. In this study, the authors defined this concept, by examining the basic concepts related to the principles of a fair trial and considering the development of laws, especially criminal law. The analytical descriptive method was used to answer the question: to what extent fair trial principles have been violated or preserved in the Pahlavi regime. The results of this article show that most of the laws have followed the standards of fair trial, but despite the military courts and ceremonial courts and the lack of observance of the rules of procedure for political prisoners, in the Pahlavi regime, fair trial has been severely violated. The reason for addressing this issue was the unique condition of Iran during the Pahlavi regime, especially the socio-political developments of that time and the significant role of the judiciary in people's lives. Many studies considered principles of the criminal procedures and their dimensions; however, this issue has not been investigated in the Pahlavi regime.

Citizens' participation in legislation is one of the rights that should be considered according to the requirements of the legislature and communities. The right of citizens to participate in the administration of state affairs is determined by their most basic rights. Although in the Constitution of Islamic Republic of Iran the terms citizen and citizenship rights have not been used there are still other relevant terms like nation's rights, public rights, general rights, individual and social rights which have been frequently used. Citizenship and participation are two concepts that are not separated in the field of society and legislation. Localization of citizens' participation in legislation as one of their political rights is one of the findings of the present article, which is explained according to the value and political principles of the country.The question of this work is How we can executive the right of participation and what’s its mechanism? Given the subject-matter of current article we have taken advantage of the descriptive-analytic approach together with the library and documented method. Furthermore, we have gathered the required data via evaluation of the scientific articles in this field. "As far as we are concerned about active envolment of citizens in legislative decision-making processes allowing them to contribute to decisions that may have an impact on their lives. Finally, the new technologies are accepted, such CrowdLaw, as the applying of the right of participation in legislation and its usefulness is explained.

The emergence of citizenship rights can be considered as coinciding with the emergence of the first governments; Because the members of the society have citizenship rights according to their position and status. Islam pays special attention to civil rights and always advises governors and government officials to protect public rights. The Islamic Republic of Iran, which claims the flag of Islam at this time, is more proud of its civil rights than it was during the Taghut era. The aim of this study is to "Count and study the requirements of securing and guaranteeing citizenship rights in the Islamic Republic of Iran from the perspective of the Supreme Leader" by examining his statements from 1363 to 1399 and using the method of content analysis has answered this question that: "From the Supreme Leader's point of view, what requirements should the system of the Islamic Republic of Iran follow to ensure and guarantee citizenship rights?". The results of this research indicate that the requirements for securing and guaranteeing civil rights by the Islamic Republic from the perspective of the Supreme Leader are four: "Administration of justice", "Create welfare", "Security" and "Establishing freedom".

One of the most prominent events in the field of constitutional law is the development of the constitutional review, the basic purpose of which is to protect the principles of the Constitution and to prevent any violation of it by the three powers. The Constitutional review, as the guardian of the fundamental principles agreed upon by a nation and its constitution, is today recognized in most of the world's legal systems. Despite the fact that the principles of the Constitution of the Islamic Republic of Iran are mediated by a set of competent institutions; Including the Guardian Council of the Constitution, guaranteed and protected; However, there appear to be shortcomings in the functioning of a set of constitutional oversight mechanisms; Defects, some of which are in the normative supervision layer and some in the executive supervision layer. Now the main question is "Given the shortcomings of the current set of mechanisms of Constitutional review in Iran, which of the existing solutions, which model is desirable and can be implemented?" Using a descriptive-analytical method, this article enumerates the shortcomings of the current set of judicial review mechanisms in Iran and enumerates the existing solutions; Considers completing post-monitoring to be a desirable model.

What is seen in connection with Article 27 of the Constitution, is the stipulation of the public freedom of expression of the people collectively. But the emergence of this freedom in the context of society has faced challenges, including the existence of the conditions referred to in this principle, as well as the political and security considerations that often lead governments to conservatism. In this article tries to explain these restrictions first and then to answer the questions, whether the principle of "freedom of association and marches" with the condition of obtaining a collectible permit can be answered in a descriptive-analytical way and in the method of collecting library-internet resources. Is it or not? What is the duty of the government in recognizing and holding and organizing gatherings and marches and guaranteeing the mentioned right to the nation? Can Article 27 of the Constitution be a license to impose restrictions on rallies and demonstrations, or does it seem sufficient under this principle to merely declare the intention to hold rallies? And Finally, after criticizing the government's decision to implement this freedom, we will make suggestions for its implementation to ensure the legitimate freedoms of the people.