نشریه دانش حقوق عمومی
سال یازدهم شماره 1 (پیاپی 35، بهار 1401)

The formation of the government and the adherence of the people to the institution of government, based on the principles of both Sunni and Shi’a jurisprudence, depends on the formation of the "correct" government. The "correctness of governance institutions and mechanisms" and conversely, the inconsistent jurisprudential theory of "imperfect government" in each of these principles, despite conformity, have significant differences. In addition, the weakness of the government faces many challenges and ambiguities that will affect the ratio of powers and scope of guardian and obligee to the sovereignty and duties of citizens. The present study, with a descriptive-analytical design and explanation, deals with the comparative comparison of imperfect government in general jurisprudence and its contexts in Shi’a jurisprudence, and on the other hand, considers the various provisions of the public law of such government. The legitimacy or validity of domestic legal authorities’ (or institutions) actions that are not in line with sharia or legal conditions, can be a dimension of this theory in Iranian constitutional law. As a result, in Shi’a political jurisprudence, “the government of unjust”, “the guardianship of the believers” and “the election of a non-competent person to rule”, can be the forms for the realization of an imperfect government.

The high volume of laws and regulations and their dispersion has become a problem in our legal system for many years. Citizens, lawyers, and even decision-makers have faced many laws and regulations, not only that the relationship between them is unclear, but sometimes they are unaware that some are obsoleted. The issue of organizing these laws and regulations, entitled “Revision” for several years, has been on the agenda of the three powers, especially the legislature and the executive power. The development of communication and information technologies and the possibility of using collective wisdom and successful global experiences in this regard, has made the use of this method of depuration as a suggestion that can be considered. But the key question is whether, basically in the legal system of the Islamic Republic of Iran, is it possible to use this method to revise the laws and regulations? Focusing on various dimensions and stages of revision, collective wisdom can play an important role in identifying and proposing its proper organization, but the legislation of this organization in law and regulation, according to the constitution, not only cannot be delegated out of the structure of legislative references but cannot even obligate legislator to follow the result of collective wisdom.

The Interpellation of the president is one of the strongest tools of parliament to supervise the executive, which is accepted in the Constitution of the Islamic Republic of Iran under Article 131. This legal mechanism has been used only once after the Islamic Revolution which was before the Constitutional Review and the change in the parliamentary regime and that's why not much legal content has been produced to clarify the details of this process, as well as to determine the duties of the executive after the Interpellation and dismissal of the president. This has made the oversight tools which is typically used in tense and inflammatory conditions, unclear and non-transparent. In this descriptive-analytical study, we intend to consider the constitution and other related legal norms, including the Rules of Procedure of the Islamic Parliament of Iran and Rules of Procedure on how to check the political inadequacy of the President. We also evaluate the legal preparations and sequences of the president's interpellation and investigate the challenges that exist in this area, such as the absence of the president in the interpellation session, the condition that the Leadership disagrees with the dismissal of the President or the substitution of the first vice president, How to supervise the performance of the deputy and the Presidential Council during the substitution etc. We also provide reasonable suggestions to rectify these weaknesses. We have also answered the question, how are the preconditions and results of the president's impeachment analyzed in the Iranian constitute.

The transition from the reform movement of the sixteenth century and the enlightenment of the eighteenth century led to the formation of legal modernity alongside philosophical modernity, political modernity and scientific modernity, which are characterized by legal textualism. Based on this approach, judges should present the result of their judgment within the framework of legal texts and formal judicial logic. The subject of this article and the main question of it is: “What are the foundations on which legal textualism are based and what are its consequences in modern judicial systems?” In this article, we will first deal with the concept of legal textualism with a descriptive method so that we can then deal with the epistemology of the principles of legal textualism and its consequences with an analytical method. The results of this article introduce the principles on which legal textualism is based. In addition, the result of this article will reveal that the rigid approach to law and inferential method is not always in accordance with legal ideals and justice and it will confuse the ontological, epistemological and anthropological foundations of legal systems based on the principles of modernity with traditional and religious legal systems.

This study seeks to examine and evaluate Iran’s electoral finance system. The importance of the research is due to the fact that safe and complete national elections, depends on a transparent financial system behind the elections. Meanwhile, there is a consensus among experts in the field of elections in Iran that the Iranian electoral system, in particular, needs a new review over elections’ spendings. With the exception of the Law on Transparency and Supervision of Election Expenses of the Islamic Consultative Assembly adopted in 1398 (2019), in the laws of presidential elections and the Islamic Council of cities and villages, there are only some scattered provisions regarding election’s financial system. The main question of this article is: “What are the disatvantages of the current electoral financial system of Iran?” And “What should be the integrity of the electoral financing system in Iran?” The present study was conducted using the library method and descriptive-analytic approach. The results of the research, compared to existing standards that need to be reviewed, show that the most important challenges of the Iranian electoral system in terms of elections’ expenses are: requiring candidates and parties to disclose financial resources, reporting expenditures, election observer, explicit prohibitions and restrictions on the expenses of candidates and parties, guaranteeing strong legal and criminal enforcement any possible violation, payment by government subsidies to parties and candidates, and provide a clear criterion for the allocation of government subsidies.

Despite the provisions of the constitution and ordinary laws to ensure the enforceability of laws in the Iranian legal system, some of the country's laws face chalanges in implementation. This study seeks to answer the question: “Which legal elements prevent the implementation of laws in the Iranian legal system?” In the form of a descriptive research, factors such as: “incompatibility of law with the needs and desires of society","incompatibility of the laws with the executive requirements", "inflation and dispersion of laws","The lack of effective enforcement to guarantee” and finally “weaknesses in the content of laws” are the most important obstacles infront of law enforcement. The Iranian legal system is well known. In order to solve the mentioned problems, take advantage of the participation of law-related groups in the legislative process, make more use of the capacity of legal bills as a legal initiative, increase the use of expert capacities in the process of drafting and approving laws, reduce the speed of legislation and Antention to the revision of laws, detertiming the guarantee of effective implementation of the laws, were introduced as effective solutions for the emplementation of laws in the Iranian legal system.