نشریه اندیشه حقوقی معاصر
سال چهارم شماره 2 (پیاپی 13، تابستان 1402)

In recent decades, the legal and political systems of the world have faced the expansion of judicial power and the increase in the intervention of courts in matters that were not necessarily legal and judicial in nature but were completely related to mega-politics. This phenomenon is called “judicialization of politics”. Considering the limits of judicial competences in the form of a constitutional review, the present research has first examined the political issue and tried to examine the relationship between the two and its place in contemporary legal and judicial approaches while examining the various dimensions of judicialization. Finally, this article has concluded that, on the one hand, the judicialization of politics leads to the weakening of the boundaries of the separation of powers, but on the other hand, it can be said that judicial intervention as a mechanism of monitoring and guaranteeing transparency leads to the improvement of regulation and more quality and legal administration. In the end, it seems that what we are witnessing today as the judicialization of politics is the product of the expansion of sovereign powers to all powers, which has led to the role of the judiciary as much as the legislature and the executive in mega-politics affairs.

The fight against money laundering is one of the most important challenges in the world today and various countries have enacted laws to combat it. Agreements have also been reached at the international level to combat money laundering. One of the most important issues is the correction of evidence in money laundering, which in this study examines the evolution of evidence in money laundering with an approach to international instruments of Iranian and British laws and regulations. In almost all legal systems, the issue of “reversing the burden of proof” in the crime of money laundering, the practical procedure is moving towards its acceptance and the burden of proving the lack of property acquisition in illegitimate ways is placed on the defendant. Although this issue seems incompatible with the principle of innocence at first glance, but considering that the reversal of the burden of proof in these cases is in line with the circumstances, there does not seem to be a conflict with the principle of innocence. Eventually, it became clear that merely detecting the company's mafia activity was sufficient to crack down on money laundering. In English law, changes in the principle of innocence in the field of money laundering are also recognized as the main motivator in the field of correction of reason.

So far, no comprehensive research has been conducted on the sociology of non-violence against women, so that the current developments in this field are far from the sociological perspective. Although the main actors (governments and international organizations) are steadfast in the fight against and prevention of violence against women, the process of preventing violence against women involves a very large number of domestic and international actors, large and small. There are countless providers domestically and internationally, including credible and passive actors who distribute and promote legitimacy in the areas of prevention, prevention and reduction of violence against women. Actors of value producers who are active in the field of development of non-violence against women, both domestically and internationally, with their guidance measures pave the way for the development and implementation of sustainable measures to reduce violence against women. There are also social actors in the field of violence against women who, with their consistent behaviors, apply the necessary formalities in the field of prevention and prevention of violence against women. As a result, it is clear that the actors in the field of non-violence against women, in any quality and in any quantity, have a degree of influence in this field and should not be considered insignificant due to being internal, non-governmental, etc. In this research, with a theoretical approach and a descriptive method, we seek to study and classify social actors in the field of non-violence against women.

In recent years, the value of literary and artistic works and their use have become increasingly important and now play an important role in the production of science and scientific and cultural progress in Iran. However, since according to the provisions of literary and artistic right a legitimate and legal exploitation of literary and artistic works is necessary to obtain permission from the copyright holder, there are works of art known as Orphan works that Their current owner is not available or can not be found. In the legal system of Iran, these works are not identified and there are no specific regulations regarding them. Considering the importance of the subject matter and the challenges that it poses to consumers, the reference to other contemporary legal systems and the use of Experience and study of their approaches can be a way of identifying the challenges of exploiting Orphan works and guidance to legislate in the establishment of appropriate laws in this regard.

Breastfeeding is not explicitly recognized as either the right of the child or as the right of the mother in all legally binding documents. Feminist views have also been another challenge over the past decades. As a feminist, for example, Van Strylek has claimed that breastfeeding empowers women and contributes to gender equality in various ways. First, it confirms a woman's ability to control her body and choose how to use it; second, breastfeeding challenges the prevailing theory of breasts as primary sexual goals and the development of a gender perspective toward women. Breastfeeding is a right because it is a natural biological process that occurs after childbirth and is a maternal right.

War is an unpleasant phenomenon that, despite the international community's policies to prevent its occurrence, sometimes countries get involved in armed conflicts. Realizing the reality of the impossibility of eliminating this reprehensible incident, international organizations had to pass documents to humanize the face of armed conflicts by separating military from civilian targets and the possibility of compensating for the damages caused by attacks on civilian targets; responsibility towards the parties involved in the war. In the international documents, the government or the aggressor group is referred to as the head of the authorities to compensate the damage, that in the conflict between Israel and Hamas, Although Hamas is known as the initiator of the war and according to international standards, it should try to compensate Israel, but the actions of the Israeli regime as an avenger are much wider and it is far from justice and fairness to exempt the Israeli regime from responsibility in addition The conflict, which has continued with disregard for international humanitarian law, has caused war crimes such as targeting the lives and property of civilians and impacts on the region's environment; that the fairest way is to follow the theory of legitimate war, under which we can hold both systems responsible for compensating the losses incurred.