نشریه دانش حقوق عمومی
سال دوازدهم شماره 3 (پیاپی 41، پاییز 1402)

The adherence to transparency is one of the important issues in governance. The institutions for constitutional review are also not exempted from the obligation to exercise their powers. However, the degree of adherence by these authorities, especially in the deliberation stage, like some other institutions, needs some points to be considered. This paper, using a descriptive-analytical method, seeks to determine the scope of transparency in the deliberations of the members or judges of the Constitutional review bodies. .The deliberation stage is important since the performance of these bodies is crystallized in these deliberations more than anything else. As a result, despite the almost universal acceptance of the principle of confidentiality of deliberations in these authorities, there are the structured ways to make them transparent at different levels. Classically, the transparency has higher levels in common law systems and less in civil law systems. However, many constitutional courts/councils of recent systems have moved towards more transparency in theory and practices.

expertise and thematics for Shari'a rulings or legislation in the Al-Faragh area can not be considered apart from society and its requirements. Social realities have sometimes been a catalyst for Islamic legislation and sometimes an obstacle to legislation or the implementation of sharia law. However, the jurisprudential attitude to the dimensions of public law and the possibility and extension of attention to the sociability of law, as well as the permission and extension of silence in legislation, as the issue of this paper, is what has put the act of legislation in the test of jurisprudential sociology. And the two strategies advance the necessity of the socialization of the law and the silence of the law (against inflation in legislation). The importance of this descriptive-analytical paper, using a  library method is due to the fact that it mainly tries to multiply legislation with an integral view of Sharia, regardless of social contexts, and the necessity of the position of the Islamic Consultative Assembly as a productive and dynamic source of normalization. While the pathology of this process, has achieved a strategy of gradual (sociability of law) and necessity (silence towards legislation and in legislation) based on jurisprudential and legal principles and documents.

Lawmaking is a matter of governance and transparency is one of the elements of good governance. Transparency is identified with components, the most important of which is the role of public participation. The greater the public participation in something, the more transparent it is. This paper seeks to describe and explain the transparency in the legislative process of the Islamic Republic of Iran and the Federal Republic of Germany in five steps including: “proposing a bill”, “review commissions”, “deliberation in parliament”, “final decision” and “signing and publishing the law”. In conclusion, the gaps of transparency in the legislative process of the Islamic Republic of Iran recognized in the field of public hearings, the influence of influential groups, and public vetoes. Therefore, increasing the public participation in these fields can improve the transparency of the legislative process of Islamic Republic of Iran.

One of the primary duties of governments is to create and expand the context for personal talent development, enabling individuals to choose a job and get employed. The long history of human life indicates that, personality development is closely linked to the satisfaction of collective and general needs as well as employment and occupational activities. Employment and its subdivisions make up a substantial part of the Constitution of the Islamic Republic of Iran, and related instances are specified and heeded by legislators in numerous sections. The issue of employment is not limited to particular, state-related affairs but rather stressed throughout the body of the Constitution. Nevertheless, despite its significance, it is not an absolute right, and there are exceptions introduced in the constitutional and ordinary laws for this right. Iran's Guardian Council is responsible for the protection of this right through undivided attention to the matter when approving drafts and bills. They also scrutinize occupational rights in inquiries by the Administrative Court of Justice. The analysis of the procedures and theoretical principles adopted by the Guardian Council regarding the issue of employment sheds light on stances against violations of this right. This paper reviewed a number of bills and approvals as well as inquiries analyzed and commented on by the Guardian Council in terms of conflict with the principles of the right to employment to examine the council's attitude and theoretical principles.

hough creating independent financial supervisory institutions is accepted in the general legal systems of the world, audit institutions’ jurisdiction and powers are determined according to the specific requirements of each legal system.  One key point about the duties and powers of the Supreme Court of Audit- which Iran’s Constitution provides the basic framework for and defines- is the supervisory discretion of this financial institution. This research seeks to address the scope of the discretion of the court while it monitors, reviews, and controls sources and revenues and expenditures specified in the national budget. This paper, in an analytical way, using library method,  suggests that adopting extensive and limited approaches with respect to the discretion of the Court, finds out that the Court’s supervision is not limited to what is prescribed in the budget law. The Court is constitutionally mandated to exert its supervision on “all the accounts of ministries, government institutions and companies as well as other organizations that draw, in any way, on the general budget of the country”. The third approach- laid out in the Court’s bylaw- is about exercising supervision on Public Property. This may be defendable through an extensive interpretation of the Constitution but is against the text of the Constitution which makes it difficult to embrace it.

The generalization of transparency as one of the indicators of good governance in all aspects of governance is the essential need of governments. Transparency in the process of holding elections is definitely one of the ways to navigate this path. Based on this, the measurement of transparency in elections can include election candidates on one hand and election observers and administrators on the other hand. Examining the principle of transparency in connection with election candidates can monitor the conditions of being elected, records and positions, implementation plans, property and assets, advertising expenses and election promises. This article proved in a descriptive-analytical way that the laws and regulations of the presidential election did not foresee any mechanism related to clarifying the properties and assets, advertising expenses and electoral promises of the presidential candidates. It is necessary to take into account the mentioned legal loopholes, the Islamic Council, based on the capacity of clauses "4", "5" and "8" of general election policies, should legislate in the aforementioned areas.

Although philosophizing in the concept of law is as old as the history of philosophy and the history of law, the question of what law is, especially in contemporary centuries, has been one of the most central topics of legal philosophy, especially in its positivist tradition. The importance of the philosophy of law is evaluated due to the special role of the law in the socio-political developments of human societies and the transition from traditional rights and religious rights to modern and post-modern laws, because the law is considered a logical and rational tool for the application of the last public will, which itself results from the formation of Governments arise from the same social contract. This research aims to compare the question of the nature of law in the thought of legal philosophers in its positivist tradition and to answer this important question whether with the formation of modern societies and legal modernity it is possible to find an escape from the law and the rule of law or an alternative to it. The findings of this research will show the law and its sovereignty as a clear symbol of the public will resulting from the social contract in the thought of legal philosophers In its positivist tradition, what are the commonalities and differences and the result of this research will show that with the formation of modern societies and legal modernity, no escape or alternative has been provided for the law and the paradigm of law and its rule is still the dominant paradigm.

Article 90 of the Constitution has established the appeal of the people to their representatives, according to which, anyone who has a complaint about the performance of the parliament, the executive or the judiciary, can present it to the Islamic Council. Based on this principle, the 90th principle commission was created, which is obliged to deal with the complaints about the functioning of the three powers. However, the vagueness and generality of the word "methodology" in the aforementioned principle does not give certain limits to the limits of the complaint subject of this principle, due to the necessity or lack of necessity of generality and becoming a method of the complained procedure, as well as the generality or lack of generality of the defendant and the plaintiff. Therefore, the current research has been descriptive and analytical in order to explain the term working method and the limits and loopholes of the complaint subject to Article 90. According to the findings of this research, based on legal and legal evidence, any matter that in some way indicates a continuous method in the three powers, can be complained to in the principle 90 commission, and in this regard there is no difference between general and non-general matters, as well as the defendant and The petitioner does not have an exclusive complaint in the public office, and it will be possible to complain to the responsible person in one of the authorities as long as he returns to the methodical affairs. In general, it can be said that by relying on the meaning of the word "performance", at the same time as confirming the methodical nature of the complaint, the commission of Article 90 of the Constitution is competent to pursue the complaint, and any matter that does not have this description will be outside the scope of the mentioned principle.