نشریه دانش حقوق عمومی
سال دهم شماره 4 (پیاپی 34، زمستان 1400)

Speaking about Iran’s Parliament elections, there are different election zones where in some, several neighbouring cities form a separate zone. In urban planning, there are problems such as the high impact of ethnic and religious prejudices. To avoid these problems, some lawyers have proposed a provincial zoning system. This may reduce the impact of those factors and will lead to having more experienced people as parliament members however, it makes it less possible for people to get to know the candidates and reduces people's contact with members of parliament. In this research using the descriptive-analytical method, the main question that will be answered is: what is the best solution for zoning the elections of the Islamic Parliament of Iran? The research findings seek to provide an innovative method in this regard. A new and innovative solution in the field of parliamentary elections has been presented with the title: "city-regional zoning". As the total number of current members of parliament increases by 40, constituencies to regions that include several neighbouring provinces are allocated to them. The new seats will be divided almost equally among the country's 80 million population, and several neighbouring provinces will have a number of regional representatives in addition to the current city representatives in proportion to their total population of the entire country.

Explaining and reviewing the guarantees derived from the Guardian Council's practice of protecting individuals' right to sue, in addition to theoretical achievements, can familiarize the legislators with the council's approach to restrictions contrary to this right. Examining the Guardian Council's procedure and extracting the cases in which this council, in its position of protecting the right of individuals to sue, deems them to be deprived or restricted of this right, is the spot which the main question of this research emerges. Based on descriptive-analytical studies, It was concluded that the Guardian Council, in the position of implementing the resolutions of the Islamic Consultative Assembly with the Constitution, based on Article 34 of this law, has considered as guarantees for the right of individuals to sue and has considered non-observance of these cases as limiting or depriving this right. These phrases of the law are essential in this regard: "recognizes the opinions of quasi-judicial authorities as objectionable", "considers unjustified the monopoly of the Court of Administrative Justice "Judicial authorities", "Opposition to unjustified legal procedures", "Opposition to granting immunity to individuals in judicial proceedings", "The need to specify the possibility of litigation and referral to judicial authorities" and "Contradiction of the obligation of individuals to refer to non-judicial authorities for settlement Hostility or oppression”

By examining the category of social security, Challenges like how to manage SSO, or how to determine the duties of the main trustee, its administrative and financial independence have also been discussed. However, in designing social security management system, the participation and supervision of employers and the insured can and should be used. The main purpose of this study is to explain the extent of the government’s intervention in the SSO, by emphasising its administrative and financial independence. Based on descriptive-analytical studies, the present results of the research show that the main structure of social security laws and regulations, has emphasized the participatory structure of the Social Security Administration, but over time, there have been changes in the selection, number and functions of these pillars. Meanwhile, what is quite noticeable, especially after the victory of the Islamic Revolution, is the government’s presence in the field of social security and its increasing role in the field of security and welfare. Also for some reason, despite the explicit text of the law, the administrative and financial independence of the organization is violated by the government and is sometimes ignored. This issue is due to the existence of defects in the laws and regulations related to the administrative and financial independence of the organization, as well as the existence of problems and challenges in the implementation of some laws by the government. Therefore, the organization is in a situation that needs to restore administrative and financial independence.

The late Abolfazl Qazi, a professor of constitutional law at Tehran University, started a different path compared to his former counterparts through compiling constitution and political institution treatises. He translated two major works of Maurice Duverger known as Introduction à la politique (1964) and Sociologie de la politique (1973). Hence, Qazi's works were discrete from the works of others. In his new path, the relationship between constitutional law and political sciences were clear. He especially accentuated the complicated issue of an unwritten constitution. While being influenced by Maurice Duverger, Qazi maintained a distance in some issues. Duverger's methodology in constitutional law and combining its territories with social studies provoked criticism in French constitutional circles. Neglecting the drawbacks of Duverger's approach, Qazi put a perilous way in Iranian constitutional law, while trying to initiate the concept of an unwritten constitution in Iranian constitutional law theory. After three decades of compiling Qazi's treatise in constitutional law, his efforts need to be reviewed so that constitutional law theory would be able to renew such an issue through reviewing his viewpoints. Through criticizing and reviewing previous works, Iranian constitutional law is able to add up to constitutionalism tradition

Today, Regulatory Impact Assessment is a very important process that must be considered in the legislative process. In order to take place, various institutions must play a role. One of the most important institutions is the legislative body of each country. This is observed in many countries that have to perform their duties in this field. Now focusing on the Islamic Republic of Iran’s legal system, the main question is: “what is the position of the Islamic Consultative Assembly in terms of its duties and powers in the implementation of the process of Regulatory Impact Assessment?” To answer this question, using a descriptive-analytical method, it will be stated that the Islamic Consultative Assembly, considering its legislative and oversight duties, as well as the structural capacity of different parts of the Assembly, can play the most important role in the process of Regulatory Impact Assessment. In this regard, the Islamic Consultative Assembly can use the views of civic groups and the help of other institutions to Regulatory Impact Assessment.

Foreign interference in elections as a means of political influence in other countries. Some countries have laws that explicitly prohibit foreign interference in their elections. The ban covers financial and non-financial interference. In some countries, a general ban on political interference has been emphasized by lawmakers. In the Iranian legal system, the prohibition of foreign interference in elections is not explicitly enshrined in any of the principles of the constitution. Only “the Law on Transparency and Supervision of the Financing of Electoral Activities in the Elections of the Islamic Consultative Assembly”, explicitly prohibits the financial interference of foreigners in the parliamentary elections and does not pay attention to non-financial interference. However, in the sixth paragraph of “the General Policies of the System in the Elections”, the prohibition of the use of the support and facilities of foreigners, including financial and propaganda, by the candidates and parties is mentioned. Although the scope of these prohibitions in those policies, including financial and propaganda, the lack of instructions and regulations for carrying out these policies, remains an important obstacle in front of their implementation. The comprehensive election bill, which has not yet been approved, lacks the necessary comprehensiveness and only includes the ban on cash and non-cash resources aids. Therefore, it is suggested that in the Comprehensive Electoral Law, special attention be paid to the field of electoral intervention, both financial and non-financial, as it includes new methods of intervention.