اندیشه‌های حقوق عمومی

General Supervision; Religious Democracy

Mohammad Javad Noroozi / Assistant Professor of IKI Mohamadjavadnorozi@yahoo.com

Received: 2014/04/21 - Accepted: 2014/09/07

Abstract

Posing the question “what are the dimensions, elements and representations of the public supervision in terms of religious democracy?, this paper seeks to explain that in religious democracies people have a responsibility towards their society and that they have duties that must be carried out and also rights that must be observed. Moreover, components such as the enjoying the good and forbidding the evil or the establishment of institutions such as non-litigious and other institutions, which take on the process of supervising social movements, specially, supervising the authorities. A political system consists of four elements; the substantive and valuable dimension, leadership, structure and people (citizenship) and the representations of supervision are organized according to them. In the substantive dimension, the idea of the guardianship of a Faqih in the occultation era, is a theory that is based on supervision in religious sovereignty and the other representations of supervision in areas of peoples' structure and behavior evidenced with the legitimacy doctrine. In the component of leadership, the necessity of the issue of the acceptability in religious sovereignty and the fact that such efficiency is measured by acceptability, and in terms of structural, planning and management the Islamic system should pave the way for public supervision and in the area of supervision through people' engagement two elements including cognition (insight) and function are discussed.

Key words: religious democracy, liberal, supervision, guardianship of Faqih, people.

Supervision System in Governmental Jurisprudence

@ Sayyed Ahmad Mortazaii / MA student of public law, IKI

                                                                                                sayyidahmadmurtazaie@yahoo.com

Mas'ud Ra'ii / Assistant professor of Islamic Azad University, Najaf Abad

Received: 2014/04/26 - Accepted: 2014/09/11

Abstract

From the Islamic perspective, supervision has an important status in individual and social affairs. Supervision is of two kinds: internal self-control and external (supervisions). The external supervision is itself divided into two categories: public and governmental supervision. The latter is also divided into two kinds: external and intra-organizational. So far, the external organizational supervision has been discussed mostly as a subsidiary super-vision in the context of governmental powers and it has not been viewed as an independent supervisory institution. Therefore, in this research the external-organizational supervisory institution has been investigated drawing upon a legal-jurisprudential approach. While investigating and examining supervision, as stipulated in the constitution of the Islamic Republic of Iran, this study seeks to look at the governmental supervision the Islamic point of view, and offers the Islamic supervision model as a new supervision system. This supervision system enjoys its own specific principles, presuppositions, proofs and specific characteristics and has a new structure which has no parallel in the world current systems.

Key words: supervision, government, law, structure, power.

Newfangled Arenas in Comparative Basic Law

Ibrahim Musazadeh / Associate Professor of Tehran University e.mousazadeh@ut.ac.ir

@ Zahra Danesh Yari / PhD student of public law, Pardis Farabi of Tehran University

                                                                                                       zdanesh@ut.ac.ir

Mohsen Khoshnevisan / MA student of public law, Tehran University.             m.khoshnevisan@ut.ac.ir

Received: 2014/04/08 - Accepted: 2014/08/11

Abstract

The Comparative Constitutional Law is one of the main fields in Public Law which can be claimed although most of its studies have been limited to several specific countries such as the United State of America, England and France, nowadays its subjects of study extend over some new areas. For, with the emergence of new political systems in the world political ties, we cannot consider the authority of political- legal systems to be limited to several special countries and governmental systems. New approach in studies of Comparative Constitutional Law is not merely legal. In other words, the comparison indicators have dramatically changed over time, and in new studies meta legal indicators are considered as a base for action too. Accordingly, new vistas have been opened up for the studies on Comparative Constitutional Law, some of which will be analyzed and investigated in this paper based on certain comprehensive patterns.

Key words: law, Constitutional system, constitutionalism, development, stable.

The Study of the Conflicts between “the Removal of Women's Prejudice” Convention and the Other Documents and International Treaties

@ Masumeh Bigam Taheri / MA student of international law, Islamic Azad University, Emirates                                                                              masoumeh.b.taheri@gmail.com

Ali Mohammad Mokarami / Faculty Member of judicial science and administrative affairs university

Received: 2014/04/06 - Accepted: 2014/08/22

Abstract

This paper seeks to explore the conflicts between '' the Women's Anti-Discrimination Convention'' and the other international documents and treaties. To do so, at first in terms of the conflicts have been investigated the view of international treaties their theoretical and conceptual principles and then types of conflicts and the way of dealing with them have been studied. Then, the conflicts between '' the Women's Anti-Discrimination Convention'' and the other international documents and treaties have been investigated. As it can be considered, '' the Women's Anti-Discrimination Convention'' has serious conflicts with the United Nations charter on the issue of national sovereignty, the UN Convention on contracts, the Universal Declaration of Human Rights (on the issue of motherhood and religions), Convention on the Rights of the Child, Beijing Declaration and Platform for Action and even with the convention itself. The present article casts light on these conflicts.

Key words: convention, discrimination, women, documents, treaties, international, conflict.

Temporary Performance of Treaties

Hamid Alhoei Nazari / Assistant Professor of Tehran University   alhooii@yahoo.com

@ Behnam PorKarim / MA student of International Law, Allamah Tabatabai' University

Received: 2014/05/07- Accepted: 2014/09/10                        pourkarim_b@yahoo.com

Abstract

Making international treaties usually needs long formalities. To introduce a treaty into the international system, it is necessary to pass through the long process of negotiation, signature, ratification, documents exchange and so on.  To go through all these formalities may come into conflict with the necessity of rapid coming into force of some treaties. Therefore, to create a type of compromise between the urgent need for making a treaty and going through the long national and international formalities, the provisional application of a treaty, as a mechanism was planned. This mechanism is reflected in the article 25 of Vienna Convention on the Law of Treaties Concluded at Vienna on 23 May 1969. Nowadays this Provisional Application is widely used in international arena but it is rarely considered in the law literature of our country despite of its importance and application. This paper tries to investigate '' the Provisional Application'' by using negotiations' background of article 25 in the international law commission and Vienna Conference, judicial procedure, jurisconsults' thoughts and stipulates conditions and terms of article 25 in Vienna Convention. The main applications of the article 25, nature and legal effects of the Provisional Application, the possible conflict of Provisional Application with countries' domestic laws and the statue of Provisional Application in Iran's' legal system are of the major concerns of this paper.

Key words: Treaty, provisional application, Ratification, Entry into force, Municipal law.

Multi Job Phenomenon
the View of Iran's Fiqh and Law

Abduljabbar Zargosh Nasab / Assistant  Professor of Ilam University.              abdelgabar3@yahoo.com

Amrollah Moein / Assistant  Professor of Shahrekord University

@ Sayedeh Ma'someh Ghaibi / MA student of fiqh and principles of Islamic law, Ilam University                                                                                              gheibimasumeh@yahoo.com

Received: 2014/04/11 - Accepted: 2014/08/22

Abstract

A Multi job phenomenon is one of the reasons which cause monopolism and job limitation in society. Although in the constitution, the legislator has forbidden this but a lack of ordinary and serious law about acting this principle in one hand and the existence of great exceptions in the other hand, results in high rate of multi job phenomenon in the society. Since referring to documentation and legal proofs is one of the sources of making a law in Islamic Republic, it is necessary to investigate the issue based on this point of view in order to clarify its legitimacy or non-legitimacy. Findings of this research show that from the view of religious doctrines multi Job prohibition can be proved because of legal reasons such as conflict with the others rights, job's disturbance, spoiling peoples' job opportunity, the diffusion of voracity and raising the expectations in society, increasing working time, decreasing efficiency in job, Violation of law, high rate of unemployment and conflict of roles. Therefore, this issue proves the significance of approving multi jobs prohibition law.

Key words: Job, Employment, Law, Right, Society.