نشریه دانش حقوق عمومی
سال دوم شماره 1 (پیاپی 3، بهار 1392)

The constitution is the foundation of the national legal system. It has been established for the protection of the individual rights and to ensure the system of separation of powers. The respect and prevent deviations or violations of the constitution could not attained unless an ultimate interpreter has been predicted. Normally، such task vested on the supreme courts، the constitutional courts or the constitutional councils. The federal constitutional court of Germany (FCC) as guardian of the constitution with the goal of ensuring that all agencies follow the constitution was established in 1951. The Court as a mechanism for ensuring public order and for the preservation of the values and principles of the German legal system، particularly the fundamental rights and democratic principles is considered. The constitution is the only criterion for the court decisions. In this paper، we propose a comparative study of the structure and functions of the FCC as corresponding institution to the Guardian Council of the Constitution (Shora-ye Negahban-e Qanun-e Assassi).

Judicial review and rule of law to public organizations and authorities Is considered of Principles of democratic systems and guarantee the individual and social rights of people. Non governmental public institutes and organizations as one of the references public affairs, that with having the authority of public power have important place In different scenes Social affairs and office public affairs society, dont get exception. Judicial control over these kinds of institutes can be counted as an effective tool to make them be accountable and responsibility these institutes and ensure individual rights In dealing with these institutions as one of the foundations running public affairs. for achieve this goal there is the rule of law and fundamental criteria of about legal system these institutions is essential. present article aims by surveying concept of rule of law and fundamental elements, as foundation judicial review, and apply these criteria about legal system Non governmental public institutes and organizations, survey Judicial review over these institutions.

The general policies contain the framework and basis general direction of the country in all governmental spheres. That by the supreme leader is determined accordance with first paragraph of Article one hundred and tenth of constitution and like a link between principles and goals of the government play a role with tasks of devices and governmental institutions. The main objective of these policies was introduced discipline and order in the country that also determines the general geometry of government. Paragraphs II of Article one hundred and tenth of the Constitution, has stressed necessity of the presence supervising the implementation of these policies and it is known also the responsibility of leadership. These tasks which specify the necessary nature of policies and makes clear, the importance implementation of these policies In terms of framers of the Constitution according to following Article one hundred and ten has been entrusted to the Expediency Discernment Council. This paper after analyzing the concept and nature of general policies and explaining basics and importance of supervising on the good implementation criticized the current method of supervising good implementation of these policies and has been suggested recommendations for its improvement.

Monitoring on the government decrees is of the most important concerns for all law systems so as to guarantee the hierarchy of laws and the rule of law on public regulations which has been followed whether through political institutions or judiciary institutions.The monitoring on government decrees has been granted to a political authority by the principles (85) and (138) and also by the former principle 126 of Iran’s Constitution in order to have the regulatory, like legislation, evaluated and monitored by a political and dominant-on-law authority.The result of this monitoring, according to the mentioned principles and the single article of “Law enforcement of principles 85 and 138 about the chairman of the parliament’s responsabilities“is the abolition of the decrees contrary to the ordinary laws made by the government cabinet or the committees composed of several ministers. Nevertheless, several of lawyers with some evidences are to justify the non-implementation of these principles and legal materials.In this article, citing the mentioned declarations and having them criticized, the writer poses the main reasons of the government decrees Paradoxes with the ordinary laws. Accordingly, the major inconsistencies are due to the abolition and following of some specific interpretations of the law or due to some regulatory or legislative requirements and mistakes.

The consideration of people’s role in the theories concerning to the formation of the state is so important in the present day that people's acceptance or rejection is a criteria for the division of the states into authoritarian and democratic states.Moreover, since the establishment of the Islamic state is one of the holy legislator’s demands for human happiness and realization of the religion in which the fulfillment of that in all periods based on legal resources seems essential, The consideration of people’s role in the formation of Islamic state is mandatory.On this basis, this article strives to explain the role of people in the formation of Islamic state based on the opinions of jurists in Legitimizing to the qualified Velayate-faqih according to the theory of election and appointment. Then the role of people in the formation of Islamic state in religious rules whether rational, scriptural and the conduct of Imams will be examined and in the end, an analysis will be presented according to the mentioned documents and arguments. It seems that the people play an essential role in the formation of Islamic state and realization of the Islamic state is based on their acceptance or rejection. However, the rejection of people will make them responsible in front of God and the otherworldly punishments will follow them.

Decent work is a new title with the emphasis on human dignity which has been proposed just for a decade in the international arena.On the one hand, the entry of this concept into the legal system of Islamic republic of Iran due to Iran’s membership in ILO and the accession to some proposed protocols in this field and on the other hand the emphasis on human dignity and its high value as one of Islamic republic of Iran’s pillars has caused the analysis of this concept to be considered necessary in the internal legal system in the context of the Islam religion.Furthermore, according to the differences between Islam and West’s view on human being and its dignity, this article while explaining this concept and its components, is to examine these components in the constitution and the general policies in accordance to the mentioned viewpoint as the upstream rules and norms of the Iran’s legal system.The assumption of this article is that the issues in which the decent work is to compliment them and also the realization of these issues as a complete and comprehensive religion in all matters and in all fields of human being based on human dignity have been manifested in a favorable manner in the mentioned documents according to the Islamic nature of Islamic republic of Iran.