نشریه دانش حقوق عمومی
سال هفتم شماره 3 (پیاپی 21، پاییز 1397)

the evolution of the political offence in three era of the political life of Iranian community are recognizable. On top the constitutional Revolution coincided with the golden age of leniency to political criminals in the west law, still in Iran subject to political offence is not known. In the first Period of the second Pahlavi regime and at a time when Europe took the Final step to retake granted leniency to political offenders, in the reverse movement in Iran, the first step for the recognition of political offence and criminals was taken.
The second Period of Mohammad Reza Pahlavi, the contemporary era of European legal system on the outset of the transition to the final stage of the evolution of the concept of political offence and be doubtful about the district between political and non-political offences, while the political offence in Iran was more significant than any other Period. And Finally, after the victory of Islamic Revolution, Futile efforts to Provide political offence regulations relating to Iran's existing criminal law system, at some point in the history was carried out- and continue to be- western law has essentially passed the distinction between political offence and general offence

Established by the command of Imam Khomeini, the Supreme Cultural Revolution Council (SCRC) regulates in the relevant issues. This article is sought to review the competence of the SCRC and the validity of its decisions in the precedent of the Guardian Council. The research method is descriptive-analytic by means of library resources. “The Status, Goals and Duties of the SCRC” enacted in 1998 is deemed as the ordinance of the Leader by the Guardian Council as the competent entity to review the Constitutionality of the laws and regulations. Hence, it has been held unconstitutional and inconsistent with the Islamic criteria in case the parliament amend or repeal the SCRC’s enactments or the Administrative Justice Court review such enactments. Besides, the Islamic jurists of the Guardian Council have declared some enactments of the Supreme Council contrary to Shari'a. There is no uniformity in the precedent of the Guardian Council.

Independence as a goal (Article 2) is posed within the framework of the Constitution of the Islamic Republic of Iran. Preservation and the full realization of such goal by means of legal requirements over the government and the nation (including articles 3, 9, 43 and 153) is emphasized as the public right of the whole people of the world (Article 154). Nevertheless, the practical and special complexities raised from the agreements, conventions and instruments among the subordinates of the international law have resulted in various general explanations of the concept of the government independence so that a convention with one text is deemed in contradiction with independence by some, and in line with it by others. Hence, whether the international interactions of the government are contrary to or in line with the independence, it requires to have the indices of independence much more detailed which is the main question of this research. The authors have founded some indices through the analysis of the legal-jurisprudential foundations of the independence based on four general principles in this regard: negation of domination, non-dependence of the sovereignty, preserving the system and negation of the foreigner’s domination over Muslims. Beside the index-based cognizance of independence, evaluation of the legal validity and providing some examples of such indices in the decisions of the Guardian Council as the Constitutional review entity are among the new aspects of this paper.

Properties that are permanently assigned to meet a public goal and use a form of public property, which is referred to as "public property of user orientation". The present research, using library studies and adopting an analytical-descriptive approach, has identified the "legal nature of the relationship between government and public property of user orientation" through the study of the works and theories of the Imams and jurisprudents of the Imams and French jurists in different periods, Imamieh jurisprudents have described the legal nature of the government's relationship with this category of property as "supervision, management and maintenance" by providing three theories of "ownership", "ownership of the title" and "ownership of the legal personality of public property" in all legal periods. In contrast, the French lawyers first of all, by designing theories of "Behaviorism", "being under the ownership of the nation", "under the rule of government" and "ownership of the direction and the use" of the legal nature of the relationship of government with this category of property, is "management and maintenance" "But the inadequacy of these theories in protecting public property against personal constraints has led to a" public domain "theory through the transformation of the concept of ownership.

The system of development planning is a mixture of concepts of development, planning and regulation, which eventually emerges in the form of a single legal nature. Among the uncertainties of the legal system of the laws of the development plan in Iran is whether these laws have an independent nature of the ordinary laws of the Islamic Consultative Assembly or not? One of the effects of the independent nature of these laws is that only statements made in accordance with this nature are legislated and, moreover, prevented in the event of a violation of it by anticipating a control mechanism such as that for non-budgetary rulings. Enter these into the legal system. Some, the laws of the development program, have the same legal nature as other laws, and some consider it a kind of policy. In this paper, it has been proved by a descriptive-analytical method that these laws have intersubjective nature, since both the law and politics, on the one hand, have many features of the law, and on the other hand, they have the policy features In addition to them, they also have unique features. The rules of the program are legalized as quantitative and measurable policies that are incorporated in the law, hence the term "program nature". Due to the nature of the program's rules, planning is in line with the upstream documents and avoiding the interference and conflict of laws in other permanent rules.

To promote virtue and prevent vice is a public and corresponding duty undertake of people and government together in the all of the issues especially environmental issues .Citizens and environmental NGO,s act toward in the execute of this principle from various ways. although constitution law clearly has recognized litigation right but if citizens and NGO,s damege of violation to environment directly or indirectly can sue in courts against the environmental polluters in the lack of necessary efficiency ,otherwise NGO,s that are authorised by country ministry and judiciary can do impeachment and partnership in jurisdiction meeting ,however the execute of this right is confronting with the problems that we will explain in this paper.