نشریه حقوق اساسی
پیاپی 19 (تابستان 1392)

American presidential elections are regarded as the most important and controversial issue in today’s democracies. Who is elected, from what party he is elected and what plans he has introduced in his election campaigns and based on what plans he has polled leave important effect on political, social and economic issues of the world. All of these sensitivities caused to draw attention to this complex process at time of American presidential elections and to start discussing how American citizens cast their vote for candidates of two important political parties of America. In this paper, American presidential elections system was studied by referring to library sources, Electoral College was explained in this process and the related questions were answered. One of these questions was how to establish the relationship between vote of any American citizen and election of American president and finally views of the opponents of this method were studied.

This article attempts to highlight the failures of the electoral system. This study is based on both ordinary and constitutional laws and also on official figures. Admittedly official figures but a little different from the previous ones March 2011 elections. The failures are always demonstrated by a certain amount of datas such as the number of electors in each voting district, the number of voters, the number of candidates and the portion of the votes won by elected members. Through more than twelve frames, we give the reader the opportunity to grasp as accurately as possible the current situation. This article is not a simplistic theoretical analysis. It includes practical and feasible solutions. The first part is dedicated to the study of the current system’s main problems, while the second part makes proposals in order to improve the electoral regime. We found out that some failures can be solved by a slightly change of the electoral laws, whereas other larger failures require radical changes in order to be solved. In short it is all about the overhaul of the Islamic Assembly’s electoral system. The most important change involves the bury of the two-round runoff election to be replaced by a one round majority election. However the success of this reform depends a lot on the implementation of other changes, including the reorganization of the voting districts, the creation of voter registration cards and the fairer distribution of seats among regions.

Despite the existing debates on whether or not to accept the judicial procedure as a basis for legal rules, having proper knowledge of the achievements and practical implications of this valuable source, and emphasizing its applications in different legal systems indicates the undisputable capabilities and capacities of the judicial procedure in creating legal rules, supplementing existing laws, and inspiring legislators in passing new laws. The administrative justice court which is the  competent court to hear and resolve administrative disputes and claims and also bears the responsibility of supervising the administrative regulations’ conformity with the Islamic Sharia, creates a valuable source as the “judicial procedure of the administrative court.” And despite numerous challenges ahead of it, scrutinizing the practical procedure of this court indicates the potential in eliminating legal deficiencies and also in presenting a dynamic interpretation of administrative laws that may inspire the ratification of clear, dynamic, progressive, and flawless laws and regulations in the public law sphere.

Constitutionalization is the most obvious result of  Constitution  movement  that  is defined as promotion of ordinary rules rank to Constitution. The grounds of this phenomenon are objective(refer to social facts) and subjective(respect to different doctrines) and results of  this process are completing of Constitution and formation of Constitutional Justice. The legal basis of Constitutionalization are firstly defense of civilians fundamental rights and freedoms and secondly forbiddance of dictatorship. This phenomenon has the most important signs and impacts in the criminal law and about the Guidelines of Criminal Law and consequently each of the legal basis of Constitutionalization has the strong relation to guidelines of criminal law. According to this interpretation, the original task of guidelines of criminal law is guaranteeing of civilians fundamental rights and freedoms. For executing this task, conformity with the Rule of Law and guaranteeing of Constitution supremacy is necessary

The fundamental self determination right is explanatory spectrum of basis and roots that be support from mastery and legitimacy of people in appointment of self destiny. However in Lapse be discolored this Philanthropic, current and clear sources, but still the point start for recognized of citizen rights and the station of illustration of possibility of state in reception of public governance of citizens. To belief in essay, tarry in major two aspects theoretical–discourse of research along with minor theories and discourses, from between too roots of participation right could be help in perception and understanding of participation right as a valuable and gentle right. Thus be trying by direction of stress to new basis and roots; Analyzing necessity of notice and guaranty to fundamental of participation right.

The concept of representative is one of the most important concepts in constitutionalism theory that is the start point of many another concepts. The constitutional revolution could familiar Iranians with this important concept for the first time, at first and in other discussions of intellectuals it was obscure still. But with successfully of revolution and establishment the first parliament, made important discussions on this concept and relatively cleared its scopes and its meaning. This essay after a short view to the discussions of intellectuals, investigated the forming of this concept among clergymen's discussions and the fist parliament.

Parliamentarians as a category of Public Law bodies have the important functions of Legislation and Monitoring that affects range of citizens and officials and directly is in relationship with public Interests. For this reason, it is possible to be taken bribe and influenced in performance their duties and as a result, the public interests would be forgotten and Public Trust in them would be damaged. To prevent such threats, many countries have predicted professional obligations for Representatives that is retentive of their position. The question is, whether the definition of ensuring Representatives’ position as the sublime goal of professional obligations, is the dignity of Representation and Parliament or Representatives fundamental Rights? It seems that ensuring of Representatives’ position as centre of professional monitoring on Representative Conduct, is the dignity of Representation and Parliament not Representatives fundamental Rights.

This article first reviews the concept of the education for children as well as the children with disabilities, and studies the equal opportunities for mentally disabled children to participate in the society in general and in educational institutes in particular. The article then focuses on the right of these children to have access to schools, vocational institutes and necessary technology to fulfill the needs for education. The article also stresses the importance of adaptation policies and rehabilitation programs by the states as well as the need for legal protection and guarantees.