اندیشه‌های حقوق عمومی

The Historical Course of the Acceptance of the Individual's Legal Personality in the International Human Rights

Maryam Ahmadinejad / Assistant Professor, al-Zahra Uni.     m.ahmadinejad@alzahra.ac.ir

Mohsen Metaji / P.h.D Student in International Law, Mofid Uni.

Received: 2016/04/30 - Accepted: 2016/09/18

Abstract

The human right and recognition of his legal personality is a humanistic and universal right which has a privileged position among other human rights in terms of its specific features and authentic documents. This right which realizes the right of human dignity has detected and developed over the years along with the evolution of the international law. This research seeks to study the impact of some influential developments such as, the international law, the traditional international law and the universal system of human rights on the acceptance of the individual's legal personality in the international human rights.

Keywords:  The right of legal personality, Individual, Government, Recognition, Human rights.

An In-depth Analysis of Theocracy

Morteza Elyasi / P.hd in Public Rights, IKI                                  elyasimorteza46@yahoo.com

Received: 2016/04/13 - Accepted: 2016/10/04

Abstract

Using an analytical method and concentrating on the sources and views, this paper seeks to clarify the relationship of the theory of the Divine Sovereignty of Islam and Medieval theocracy. The main findings of this research can be categorized in some parts. First, institutionalizing the dominance of the church is the purpose of Christian theocracy. Second, institutionalizing the Divine values based on the divine motive is the legitimate sovereignty from the viewpoint of Islam. Third, the Divine Sovereignty does not negate the authority of the human being. Fourth, applying the authority has its framework from the viewpoint of Islam. Fifth, legislating based on the Divine law and observing the rights of people take into account in the Islamic Republic of Iran. Sixth, the Islamic Revolution is a perfect religious system. Seventh, the ruler is responsible to society. Eighth, issuing a single verdict for the Medieval Christianity and Islam based on their common appearances is wrong.

Keywords: Theocracy, Divine Sovereignty, Democracy, Republicanism.

Supporting Family in the Operation of
the Islamic Republic of Iran and the German Federal Republic Government

Hamed Abdullahi / M.A. Student in law, UT                          abdolahihamed440@gmail.com

Vali Rostami / Associate Professor, UT                                                              vrostami@ut.ac.ir

Received: 2016/04/18 - Accepted: 2016/10/12

Abstract

The governments can play an effective role in family formation and strengthening its foundations through their policies and actions. Using a descriptive-analytical method this research aims to study the operation of the Islamic Republic of Iran and the German Federal Republic Government in support of family. The Islamic law, ethics and the Islamic-Iranian identity are the foundations of family policies and family support in the Islamic Republic of Iran. The Federal government of Germany has established his policies and actions on gender equality and increasing the marital partnerships in family. The findings of this research show that although, the Islamic Republic of Iran has had a good operation in lawmaking and planning in the field of family support, it did not achieve a good result in terms of family support due to the weakness in implementation and the lack of monitoring. On the other side, although the German Federal Government has had an appropriate operation in the family economic security, it did not have a definite plan to solve the other problems such as emotional problems and anti-social behaviors in the family.

Keywords: Family support, The Islamic Republic of Iran, The Federal Republic of Germany, Policies and actions.

An Analysis of the Foundations
of Freedom in Liberalism from the viewpoint of Islam

Mohammad Reza Bagherzadeh / Assistant Professor, IKI      bagherzadehfirst@yahoo.com

Alijan Heidari /  M.A. Student in Public Rights                                 aliheidari199@yahoo.com

Received: 2016/05/21 - Accepted: 2016/09/19

Abstract

Given the view of Liberalism to the human being and the freedom as well as the extraordinary development of this thought in the world and its differences with the Islamic principles, it is necessary to criticize the foundations of this school of thought from the viewpoint of Islam in various fields. Using a documentary and descriptive-analytical method this research criticizes the foundations of this theory to clarify the challenges of this thought from the point of view of Islam. This research seeks to study the foundations of Liberalism specifically, though some researches have been done in critique of Liberalism in general.

Keywords: Critique, Foundation, Freedom, Liberalism, Islam.

A Case Study of Iran and
the US Constitutional Constraints on Criminal Justice

Fahim Mostafazadeh /  Ph.D. in Law and Criminology, UT ahimmostafazadeh@gmail.com

Received: 2016/04/21 - Accepted: 2016/09/23

Abstract

Criminal Justice has a strong and influential impact, because it is responsible for defining the crime, categorizing the crime, determining the punishment, determining the process of trial and executing the penalty. Consequently, it should be restricted by some constraints and limitations. These restrictions can be imposed by the Constitution, which is the highest legal source in a country. The US Constitution has created a balance between the power of the government in controlling crime and the rights of citizens versus the excessive power of government. The Iranian Constitution has discussed the rights and the freedom of people in chapter three under the title of, "The Rights of the Nation." The legislator has set up some rules to let the Islamic Consultative Assembly to prove the necessity of restriction of the Criminal Justice. The Judiciary also must respect and pay attention to these principles in applying the Criminal Justice. This research seeks to study the necessity of the Constitutional restriction on the Criminal Justice as well as the existing Constitutional constraints of Iran and the US on the Criminal Justice.

Keywords: Constitution, Constitutional Criminal Justice, Constitutionalizing of Criminal Justice.

The Legal Foundations of Constitutional Justice

Mohammad Nateghi / M.A. Student in Public Rights, IKI                                                               

Seyyed Ebrahim Husseini / Assistant Professor, IKI                            sehoseini@hotmail.com

Received: 2016/05/31 - Accepted: 2016/10/11

Abstract

Constitutional Justice refers to the methods and institutions which guarantees the value of the Constitution as the best legal document. This method has a vital role in supporting the fundamental values of a political system. Hence, it is necessary to the study the legal foundations of that. Generally, there are two views on the legitimacy of the Constitutional Justice. One view holds that the Constitutional Justice seeks to ensure "the majority governance". The second view emphasizes that Constitutional Justice seeks to ensure "the law, governance". Using documentary and analytical method this research refuses the first view, but supports the second view. This paper emphasizes on the common purposes of the Constitutional Justice and the Rule of Law.

Keywords: Law, Constitution, Constitutional Justice, Majority Governance, Law Governance.