نشریه اندیشه های حقوق عمومی
پیاپی 1 (پاییز 1390)

The system of the Islamic Republic of Iran is based on the principle of Welayat-e- Faqih (guardianship of jurist) and the aim of its assigning a leader is to entrust the affairs of the country to a qualified faqih(jurist) to be a guarantor of guiding the Islamic system towards Islam. On the other hand, the leader's supervision of the government's work has a legal nature, because according to Article five of the Constitution, the endurance and strength of Islamic system during the occultation period is dependent on the existence of a deputy of Imam or on the leadership of the jurist. Furthermore, according to Article four of the Constitution, the legal system of the country has to be in accord with Islamic precepts. As far as the method is concerned, the leader's legal supervision of the government's work includes both approbation and notification. However, as far as domain is concerned, the leader's supervision of the government's work is systematic as well as absolute which is in particular envisioned in the Constitution and in general applicable to the three powers or governmental institutions. The leader's supervision is not limited to the LEX SCIPTUM (positive laws); rather fiqhi standards come under the leader's supervision.

The court of administrative justice has crucial duty of investigating people's grievances and complaints about the decisions and performance of state and administrative organizations. Since this institution was established after the victory of Islamic Republic and as a new institution, there have been some disputes about its prerogative and jurisdiction regarding the elements of ACTIO. Having investigated the Articles of the Constitution related to the court of administrative justice, the law of this course and some of the verdicts it issues, the present paper discusses its jurisdiction about the claimant, defendant, and subject of disputes. Finally it refers to the way of classifying these prerogative and jurisdictions among the divisions and elements of the court.

"Copyright" is a subset of literary and artistic property and a branch of intellectual property. It refers to any innovative attempt which gives the right to its owner to whenever he/she wills copy and makes use of its material consequences. The right of copying and publishing one's work is regarded among the preliminaries and preconditions of making use of its benefits. Disregarding copyright not only deprives its owner from material benefits, but also eliminates the spirit of creativity and destabilizes the culture of society. Copyright is a new subject in fiqh and law which has been vastly changed with the economical, industrial, and cultural developments of human societies. Having explained the concept of copyright, its relationship with intellectual property and recognized its components, the present paper investigates the position of copyright in legal doctrines and its components in the existing laws. Finally it discusses the basic fundamentals of supporting copyright.

One of the fundamental questions in civil responsibility is the extent to which it is in conformity with social justice. All lawmakers have tried over the history to lay down laws and regulations in terms of justice. However, the problem of its realization is ascribed to the lack of a criterion. The question that arises is: according to what criterion can social justice be done in the laws governing civil responsibility? Can social justice be attained through reliance on omission, danger, or right guarantee? Can it be said that the most appropriate way to realize social justice is to rely on omission or should we look for other factors such as danger? The present paper tries to show the share of the omission element in achieving social justice in the realm of civil responsibility.

Islam is a religion of peace and security and its Prophet is a blessing for the whole world. Therefore, Islam not only does not recommend the production and use of weapon of mass destruction but also regards it legally forbidden, because the horror and terror it brings is, like that of nuclear weapon, taken as a violent practice which disturbs the international public security, and is one of the instances of evil and anti-value. Furthermore, this issue varies from the issue related to the principles of separation and prevention of killing noncombatants, civilians and defenseless people, providing protection to the old, women, children, and the insane observing humanitarian rules, or the principle of restrictions on the way of fighting, and it varies from the aims of Jihad which are manifested in the defense, the call for monotheism, promotion of the forms of religious freedom, removal of the autocracy, and struggle against sedition leaders. It should also be noted that prevention doctrine is not a warrant for killing innocent and defenseless people; rather it is meant to prevent oppressor's threats.

The present paper investigates the conditions, orders, analysis, and outcomes of the attachment of immovable property. The civil Procedure Code has referred the attachment of properties -- whether movable or immovable --, making an inventory, assessment, and keeping of attached properties, and the attachment of defendant's service rights and his movable property -- which is before the third party -- to the Act of execution of civil orders. Therefore, the attachment of movable and immovable property must be in conformity with the regulations of the Act of execution of civil orders. Using a theoretical approach and an analytical-comparative method to the positive law and rules (LEX SCRIPTUM), especially the Act of the execution of the civil orders and the new regulations to execute the binding provisions of official documents, the present paper aims at investigating these laws and rules and recognizing and clarifying all aspects and orders of the attachment of properties in the new and existing rules.

According to Article 99 of the Constitution, the Guardian Council is responsible to monitor the elections of the Assembly of Experts. Regarding the Guardian Council's supervision, some believe that Article 99 has only specified the monitoring institute and the Guardian Council is not responsible for identifying the candidate's competence. Some hold that the famous professors of seminary who teach at highest levels are the ones to be referred to as an authority for identifying candidate's competence. Others believe that the Guardian Council's supervision is a vicious circle. Still others dont accept the conditions of Ijtihad. On inquiry, the present paper has reached the following Article 99 is absolute and covers a broad area than authority, supervision, and competence identification. The idea of presentation of testimony by three famous seminary professors who teach at highest levels as a warrant for taking part in the elections has to do with the time before the revision of the Constitution. There are no conditions for carrying out the elections and during the occultation period, the prerequisite of Ijtihad is a distinct characteristic of the Islamic leader and only those who have reached the station of Ijtihad can recognize this prerequisite.