نشریه حقوق اساسی
پیاپی 16 (زمستان 1390)

This article argues that privatization, applied in accordance with its defined standards, measures, and mechanisms, has a positive impact on the development of human rights. To prove this, the article, first, briefly studies the goals, elements and characteristics of privatization and its effects in different fields, and also reviews the concept of human rights development as well as the importance of human rights education in this regard. This article, then, focuses on the elements of human rights development, and examines the impact of privatization on these elements. The elements, such as the rule of law and public participation, and good governance including responsibility and accountability as well as transparency and anti-corruption policies are dealt with, and the effects of privatization in these areas are discussed.

The Guardian Council does it`s election`s control duty with formation of the Central control Board, Control Board of the Province, City Control Board,and appointment ofSupervisors in branches of voting in three steps ; the days before the vote, on polling day, and the days after the vote. The Guardian Council is responsible to approve Qualifications of Presidential Candidates in according to paragraph 9 of Article 110 of the Constitution. Many of the requirements listed for Presidential candidate are inappreciable, so that it has increased maneuverof the Guardian Council to approve or disqualify candidates. Guardian Council acts by reason toward the cancellation or suspension of a nationwide electionor some area at all stages of polling, in case of proven violation. Handling of Electoral Complaints and Final election results, are announced by the Guardian Council. The Constitutional Council supervises presidential election in France. The Council controls the good performance of presidential election, Handles the objections and announces the final results.

Present era of growing media on public opinion is the fate of societies. The wonderful world of communication, specialy in recent decades has transformed all human relations and human access to modern tools of communication and information through advanced technology and large investments of government, in this state has offered new definition of balance and power in today’s world. The law knowledge is trying to indentifying areas that need a new set of relationships, expressing rules relating to each area and determine and most appropriate and effective set of rules in the process of action and reaction and feedback loops. Among the mass media radio and television in addition to the extra ordinary importance of the two media are the most popular. It takes on a more serious case to know that the Iranian government as the sole trustee and known radio and television broadcast. So checking the legal system govering the broadcasting monopoly aspectis that it requires special attention.

Homelessness is a phenomenon that totally diverse the life of an individual. Experiencing highest level of fear and derogation together with suppression of various needs such as economic, social, and so on, make displaced persons deeply vulnerable and face numerous problems. Increasing number of homeless people (more than one-third concentrated in Africa) attracted international concerns during last two decades. While introducing a definition for “human Security” and drawing a framework for “Internally Displacement”, present essay analyzes the minutes of the problems of displaced individuals and durable solutions for their plight. At the same time it seeks to explain that, due to deep vulnerability, as a result of violation of their human rights, the only solution of this dilemma is fulfillment of duties by states and international bodies. This should continue up to obtaining medical services, food, shelter and necessary equipment for gaining income. Relieving from all kinds of vulnerability they could enjoy their human rights without any discrimination with those living in their homes.

Public finance law is a plural concept. This is due to its genesis and development through a specific historical and temporal context. Therefore, understanding its components and especially the legal framework of budget systems would not be complete, except through the study of its historical development. Institutionalism as a branch of political economics, because of the existing conditions of developing countries and its emphasis on the history and institutions of those countries, has a sufficient capacity to be considered as an appropriate theoretical tool to study and improve failures of the budget system. In this article, a historical analysis of legal framework of budget system in Iran will be offered.

Thedisabled as a minority community are subject to violation of their rights; therefore, replacement of “sympathy-centered” attitudes with the “right-oriented” ones is a vital necessity in the area of social life and legislative efforts. In this paper according to the hypothesis of non-observanceof the principle of equality and equity and also the lack of strong executivesponsorship to relevant laws and regulations, the necessity of their revision has been studied. Accordingly, coming out of necessity, disability and its related concepts, with regard to the attitude of domestic laws of some countries and international legal documents, have been redefined to clarify the matter. Then the government’s duties are reviewed and evaluated in two parts of civil and welfare supports with the respect of some of the necessity of human rights, international rules, national regulations of other countries, constitution and the laws and regulations in Iran and also with regard to the principle of equal utilization of opportunities, affirmative action and the essential leniency arrangements for the disabled. Its strengths and weaknesses in legislation and administrative procedureshave been evaluated and identified according to the rules and realities of the community. This article attempts to provide a mechanism to promote the protection of disability rights, improve the current situation and changes in public attitudes toward this class and on the other hand, clarify the necessity of reform, development and production of appropriate regulations in a way that guarantees their rights.

Efficient supervision, undoubtedly, is one of the desirable constitutional system's pillars. Considering of a proper supervisory mechanism in order to idealistic realization of political system's ideals is an obvious necessity. Existence of different supervisory devices in the three branches of government and in other institutions, although is mandatory, but doesn't necessarily end in accessing of the political system to its goals. Disharmonic and parallel-like supervisory measures may create an inefficient supervisory sample; so that weak points of administrative structure remains hidden and heavy costs imposes on public budget. The Council of Supervisory Bodies was constituted as a coordinator in order to meet this need. In this article it is tried to investigate, through documentary and analytical studying of the Council's formation process, its status and competence in Iran's constitutional system.