فصلنامه پژوهش های حقوق تطبیقی عدل و انصاف
پیاپی 20 (بهار 1402)

The constitution is the supreme norm of legal systems and the coherence of this system requires the observance of the rules below the supreme rules. Therefore, the protection of the constitution as the most important law governing the legal system of any country in the process of administrative fundamentalism, requires a correct interpretation of laws, especially administrative laws in the light of new methods with regulatory tools with legal methods. In a way that injecting the fundamental principles and values of constitutional rights into administrative rights and the observance of administrative rights from them will guarantee and protect the fundamental rights of citizens in relation to administrations. In the French legal system, the Council of State as well as the Constitutional Council, in various opinions, directly and indirectly deal with the constitutions and the superior rules created in it during administrative and constitutional proceedings, and with the normative and fundamental principles of the constitution as the supreme law. They have relied on what can be called a kind of fundamentalization of the principles of administrative law. In the Iranian legal system, although the theory of the fundamentalization of administrative law does not have a strong theoretical basis and the absence of a unified administrative law is still felt as a vacuum, but according to Article 173 of the Constitution, the institution of the Court of Administrative Justice due to constitutional principles It plays such a role in administrative proceedings by referring directly

Today, the importance of aviation cannot be underestimated because all countries are connected to each other through air transportation, and it facilitates trade, travel and maintaining connections between countries and has increased the quality of life for many around the world. The issue of disputes among international law subjects, especially states, is inevitable, and the significant growth of globalization, privatization and liberalization of world trade and related services, especially the liberalization of air transport services, has opened new opportunities on one hand and on the other hand has led to an increase in conflicts. Non-peaceful resolution of these disputes is condemned and rejected in international law. Therefore, today all members of international community are required to resolve their disputes peacefully. For this purpose, in this article, using library data and descriptive-analytical method, has been tried to solve the issue of aviation disputes based on the usual methods of peaceful settlement of disputes (negotiation, good offices, mediation, inquiry, conciliation, arbitration and international justice) and with an emphasis on the provisions of the Chicago Convention and also study the settlement of aviation disputes under the World Trade Organization (WTO).

Cyber ​​actions on the Internet is known as information war that has emerged with the information revolution. Today, such type of war with the term cyberterrorism refers to a set of techniques that are intended to prevent access to information and create confusion and disrupt the security of the government or the target group and affect vital, sensitive and important centers.Considering the high importance of information technology in today's era and the lack of stability of the information base, this has become one of the potentially vulnerable and dangerous points in the world. Protecting this technology from existing threats in order to maintain national security and privacy of citizens in the atmosphere of war and international hostilities, requires prompt attention and action, and at the same time systematic and reasonable in this field.Recently, the attacks that occurred on gas and fuel stations in Iran; In fact, it indicates a kind of warning about the possibility of targeting security centers and vital facilities and causing disruption in the political, production, economic, social and even transportation networks, which can target different networks of the country like dominoes one after the other. disturb This article examines cyber terrorism with a critical and analytical approach in the modern international law system and challenges the actions of countries in this field in the realization of emerging forms of crimes related to cyber terrorism.

The basic procedure, which is based on the supremacy of the constitution over other laws and the necessity of preserving the basic freedom of citizens against government interventions, is based on the delegation of affairs to political, judicial, administrative and even judicial institutions in different rights. Institutions Institutions Systems This research, which was conducted with a descriptive-analytical approach, the main question of the research is what are the differences and similarities of the basic legal system in Iran, America and Germany? In addition to similarities, such as the rule prohibiting the employment of members of basic judicial institutions in other areas, including the structure and organization of these institutions, the annulment of their decisions, the need to publish them in the official newspaper, there are also important differences. . The results of the present research are as follows: Other powers of law enforcement should be delegated to the Trustee Council by the Constitution. . To be extended. Thirdly, the decisions and opinions of the Guardian Council are only substantive in this case and are not in the form of a temporary order like the US Constitutional Court in the field of issuing cases. In this article, the basics of the three basic procedures and pathology of the Guardian Council in Iran were discussed and analyzed, and a solution was presented.