نشریه دانش حقوق عمومی
سال یازدهم شماره 3 (پیاپی 37، پاییز 1401)

Cosmopolitanism is an idea according to which human beings, regardless of racial, national, religious, cultural, etc. are all citizens of a single community. On the other hand, the concept of the Islamic United Ummah also refers to the unity of human beings but is based on ideological and Islamic unity between them. From this point of view, perhaps the idea can be interpreted as a kind of Islamic cosmopolitanism. The main questions of this research are “Which of the mentioned ideas has influenced the constitution and the practical procedure of the Islamic Republic of Iran?” and “To what extent does the ideal view of the ruling Islamic system on the issue of unity among Muslims and the establishment of a single world government, comply with international law standards?” The research findings, which are based on descriptive-analytical research methods and based on library and documentary studies, indicate that theoretically and practically, the Islamic Republic of Iran, while striving for the realization of a society based on the idea of a single nation and the establishment of a world Islamic government, has always considered itself committed to the principles accepted in international law, including the principle of non-interference. The importance of this research is enlightening the thoughts towards the adaptation of our country's approach to cosmopolitanism based on the united ummah with international law.

In a broader sense, job security entails establishing a comfort zone in the employment process, fulfilling duties, and extending the employment contract. Regarding the labour contractual parties, job security is presented in such a way that each party, in addition to profiting from the contract's implementation, has relative peace of mind in terms of contract extension. When a worker has job security, they can perform their duties with confidence; the employer should have this security as well in order to provide the optimal conditions for the worker's desirable employment. Despite its importance, job security has been under-represented in regulatory frameworks. The laws that have been enacted in this regard have serious flaws. Resolving ambiguities in laws necessitates a clear interpretation of judgments, which is the responsibility of the regulating authority (the Islamic Consultative Assembly). It appears that, given the current lack of explicit and clear laws in this area, it is necessary to rely on judicial decisions to extract a unified procedure so that there are fewer conflicts of judicial decisions and workers can enjoy a relative comfort zone in temporary labour contracts. Unfortunately, the enactment of fragmented laws in this area has given employers the upper hand, so in newer laws such as the “Law on Removal of Production Barriers”, the “Law of Regulating Part of the Regulations to Facilitate Iran's Industrial Modernization”, the “Third Plan Law”, and so on, layoffs and terminating worker employment contracts are predicted in such a way that workers have no chance of objecting. Furthermore, a review of Administrative Court of Justice decisions shows that job security in temporary labour contracts is somewhat supported, but there are some conflicts in decisions and adopted procedures. Thus, while the role and position of judicial procedure in terms of job security cannot be overlooked, a study of the decisions of the Administrative Court of Justice's general assemblies revealed that no unified procedure can be extracted from the Court of Justice's decision in terms of the subject at hand because there are conflicts among the Court's decisions from different periods.

The constitution should be introduced as the main source for determining the principles governing the foreign policy of the Islamic Republic of Iran. To identify and explain the dimensions, characteristics and requirements of these principles and also to determine their compliance with international standards, this study is done. The author has tried to answer the main question of this research in the form of descriptive-analytical research “How are the foreign policy requirements of the Islamic Republic of Iran based on the Constitution and international standards, evaluated? In response to this question, while identifying the principles governing the foreign policy of the Islamic Republic of Iran and explaining the characteristics and requirements governing each of them, It is proved that, although principles such as "non-interference in the internal affairs of countries", "responsibility to protect the oppressed Muslims or even non-Muslims" and "achieving the unity of the Islamic world" may have suspicions of interference in their areas and in some cases contrary to the International standards; However, with a precise explanation based on the principles of the political system of the Islamic Republic of Iran, these principles can't be considered inconsistent with each other or international standards and these principles have specific and defensible characteristics and requirements that have been developed based on the revolutionary and religious approach of the political system of the Islamic Republic of Iran.

Regarding developing countries, technology transfer is one of the ways to create change and progress which is concluded bilaterally or multilaterally through international agreements between natural or legal persons. But, the provisions of technology transfer agreements may be accompanied by a kind of domination by the transferor and conflicts with certain laws or principles governing the transmitting country and the parties to the contract can't get the desired result. As in the Constitution of Iran, the two principles 81 and 153 have created restrictions for technology transfer contracts and a kind of conflict in the implementation stage of these contracts. In this descriptive-analytical study, the question arises is “What is the solution to the conflict between Articles 81 and 153 of the Constitution and the need to use technology transfer contracts and prescribe them in laws?” In the results of this study, it was found that by preserving the principles, rules and requirements of “the Negation of the Way” rule, two jurisprudential rules of “Expediency” and “The Most Important rule Among Two” as well as the legal principle of mutual respect can be invoked to get out of existing conflicts. It was also cited to be able to protect the integrity of the Islamic system and deny any foreign domination, at the same time, take advantage of the effective benefits of technology transfer for sustainable development.

The right to choose a job is one of the basic rights of individuals, which is also related to other values such as human dignity and the right to self-determination. According to the principles of the constitution, the twenty- eighth principle and the fourth paragraph of the forty-third principle of the constitution imply this right of choice, and the only restrictions imposed on it are non-contradiction with Islam and the public interest and the rights of others. As mentioned in international conventions and declarations, slavery and forced labour are prohibited in the domestic legal system. In Iranian employment law, the principle of the right to choose a job and place of service is considered the right of individuals. Although there are conflicting theories and opinions on the possibility of changing the job and workplace of employees according to managerial requirements, the conflict in exercising the right to change jobs is due to a fundamental difference in understanding the type of employment and manpower and its requirements. However, in this article, an attempt has been made to address the conflicting views on the possibility or impossibility of changing the job and workplace of employees and to analyze the right to change jobs within the existing principles and rules as well as some rulings issued by the Administrative Court.

The constitution is one of the key and complex concepts in the knowledge of law and constitutional law and there are many issues and topics related to it. In this article, an attempt has been made to use descriptive and analytical methods, while referring to the history and meaning of this concept, to examine the question of what principles and cases should be observed and included in the design of the constitution and what issues does the constitution design face. The Constitutional Design cannot be the last word in the constitution and political structures because many problems are identified in practice and during implementation. However, the correct design based on accepted criteria causes the constitution to distance itself to a large extent from problems such as its violation, conflict of principles with each other, weakness of political institutions and impracticability. The main finding of this article is the importance of constitutional design and the need to pay attention to it, which should be considered in the initial writing of the constitution or its amendment in order to avoid problems in the future. It should also be noted that the design of the constitution can not be the last word in the constitution and political structures because many problems arise in practice and during implementation.