نشریه دولت و حقوق
سال چهارم شماره 1 (پیاپی 11، بهار 1402)

The method and type of cession of public land by the legislator has created illegal possession of the public wealth. It is required to investigate the existing condition and the causes of occurrence of these possessions in legislative criminal policy and formulate policies to reduce these abnormal behaviors. The present study is a descriptive-analytic design via the evaluation of the relevant rules and library studies and it examines the basics of the possession of public land and evaluation of the performance of the legislator in Iran. The studies show the lack of comprehensive, purposeful, effective policies by the legislator in this field. Based on the great power of the legislator in cession of public land and the confusion of the rules in this regard, general policies of the government in land field and its emphasis on the necessity of legislation in the framework of Spatial planning can reduce the illegal possessions of public land.

The rights and freedoms of citizens in different countries are important topics related to fundamental rights. Minorities are one of the types of groups of citizens that are divided into various categories and types such as religious, religious, linguistic, racial, etc. minorities. Considering that the violation of the rights of the above-mentioned minorities is a possibility that cannot be ignored, the constitutional legislator in many countries is taking steps to clarify the rights and freedoms of religious and religious minorities. In the Islamic Republic of Iran, in some of the principles of the constitution, in addition to religious minorities, religious minorities have specifically specified that religious minorities benefit from various rights and freedoms. Based on this, the question of this article is, what is the quality of the enjoyment of various rights and freedoms by Iran's religious minorities, compared to the enjoyment of these rights and freedoms by other Iranian citizens? By using the descriptive-analytical research method, it was concluded that based on the Constitution of the Islamic Republic of Iran, the opinions of the Guardian Council and ordinary laws, religious minorities in Iran, like other Iranian citizens and followers of the official religion, at the level of legal norms of rights and Fundamental freedoms are beneficial in cultural, social, political, economic, administrative and employment dimensions

According to articles 34, 159 and 173 of the Constitution, it is the right of individuals to sue and anyone can refer to judicial authorities; However, the Supreme Council of the Cultural Revolution has removed some decisions issued in the field of education and research from the jurisdiction of the judicial authorities and placed them under the jurisdiction of the Supreme Council.This resolution has a subject departure from the competences of the Supreme Council of Cultural Revolution; Because limiting the jurisdiction of judicial authorities is not an example of educational and research matters. Another thing is that assuming the acceptance of the Supreme Appeals Board of Ministers as a administrative turbinals , the necessity of judicial review according to the views of the Constitutional Council and legal principles is obvious, and not complying with it is a violation of the right of citizens to access judicial authorities.Considering the basic uncertainties regarding the Resolution 630, the branches of the Court of Administrative Justice have different approaches in dealing with this resolution. Some branches, referring to Resolution 630, have issued a decree of incompetence in considering the decisions of the boards, and some branches have not accepted Resolution 630, arguing that according to Article 170 of the Constitution, judges are obliged not to implement illegal resolutions. In order to solve the problem and avoid people's confusion, the cheapest and fastest solution is to issue a unanimous decision by the General Board of the Administrative Court of Justice on this issue.

In reviewing a text as a valid legal document, especially from the point of view of public law, it is necessary to answer two basic and fundamental questions about the upcoming text. First, let's see what the nature of that text is and seek to find its identity. In other words, what is the position of the said document in the military legal and legal pyramid in which it was compiled? Does it have the status of a valid law or does it have the validity of a guideline? Or the one that has the aspect of policymaking and normative above the law? The second question is, to what extent are the contents of the examined text revised and are its contents sufficiently valid? In fact, have the principles of correct legal writing been observed in the text? But what this article is responsible for is answering the first question and explaining the legal position of the statement of the second step of the Islamic revolution in the legislative system and the normative pyramid of the country using the method of content analysis. And he concludes that the "Statement of the Second Step of the Revolution", as a government publication, has legal and shari'a value, and considering the fact that this statement is placed in the principle position of the legal norms of the Islamic Republic, it is clear that this statement is mandatory and mandatory for followers.

The relationship between the rulers and citizens and the framework of rights and mutual duties between them has been the subject of many theories in political philosophy and the legal theory. Today certain legal rules have been identified as the duties of the ruler for the benefit of the citizens in various legal systems. Also,the duties of the citizens are predicted along with their rights, and considering the evolution of the mentioned theories, different views about the rights of citizens try to present clear and specific components in this field. At the same time, whether they are absolute or limited is an important issue to consider. If we consider citizenship rights as a set of rights and privileges that are granted to individuals in a given political and legal system through the relationship of citizenship, the fact that citizenship rights are bound and conditional to fulfilling duties towards the government is one of the most important issues. In this article, the question will be answered with a descriptive-analytical method, from the point of view of citizenship rights, how is the main scope of the mutual relationship between the ruler and the people formulated. In conclusion, the most important feature of citizenship rights from human rights is the relationship of citizenship, and this makes the general framework of citizenship rights out of application and the fulfillment of these rights is the fulfillment of citizenship duties, especially towards the government and the public.

Undoubtedly, the laws and regulations that are established in every society can and will be useful if firstly they have a sanction and secondly, in order to increase efficiency and more complete implementation, the mechanism of Supervision them is also determined. The rights of the disabled are also considered as one of the most important branches of human rights in the domestic and international system, and as the rights of the largest minority in the society, they must be implemented accurately and completely by the executive institutions, which requires predicting and adopting the appropriate mechanism for Supervision its implementation. The political supervision that is carried out by the legislative branch on the executive branch is done through various means, and it should be done according to this branch regarding the implementation of the rights of the disabled. Following the examination and explanation of the shortcomings in the political Supervision of the rights of the disabled in Iran, the researches showed that in the current legal system, both due to the position of the body in charge of the affairs of the disabled and the lack of appropriate and specialized evaluation in the Islamic Council, this The type of Supervision is not done effectively and accurately. The approach of this article in the political Supervision of the rights of the disabled is to adopt a differential policy in this field.