نشریه دانش حقوق عمومی
سال دوم شماره 2 (پیاپی 4، تابستان 1392)

Any country’s constitution is the main column of its government’s political regime and juridical construction. Establishment of supreme institutions to ensure constitution conformity is an innovation of the contemporary civil systems. Today, no system can be found lacking fundamental trial. The reason must be sought in the “Constitution Superiority” principle. The rational consequence of this principle is designation of a reference competent to investigate related laws. This article investigates the fundamental trial process in Austria with studying its theoretical basics.

The Citizen is a legal concept addressed in public law and human rights issues. Common aspect of legal definitions about the citizen is the relationship between the individual and the state. This is a two-way relationship that involves a wide range of rights and duties, namely the citizen while possessing the rights, is obliged to perform simultaneously the duties and responsibilities.In a democratic state, the constitution organizes the government and public administration as a national covenant and a legal document in which the state and the people are obliged to follow in their mutual relations. There is also a chapter in the Constitution of the Islamic Republic of Iran entitled the rights of people which explains the rights of citizens and mutually the duties of the state. Nevertheless, a number of citizen’s duties have been mentioned in other principles of the constitution known as the citizenship duties. In this article, we are to explain the duties of the citizens in the constitution of Islamic republic of Iran.

In accordance with the laws regulating the Islamic Republic of Iran's 1st-4th Development Programs along with 115th article under civil service management Act, the Legislator had partially authorized the Supreme Administrative Council to undertake certain decisions on its behalf. These included amendments to the formation of civil service organizations, encompassing mergers and dissolutions.However, the Council chose to enact laws which were in direct contradiction to the rules and regulations of the Guardian Council and the General Board of the Administrative Justice Court.This situation was made possible, partly due to ambiguous formulations of certain enacted laws, paving way for conflicting and wide ranging interpretations. Hence, the Legislator deemed it necessary to introduce amendments to these laws and in 2007, it undertook correcting actions, thereby reclaiming the authority to decide on merging and dissolving executive offices. In this manner, the division of power between the legislator and the executive bodies of the government were clearly delineated. Nevertheless, the Supreme Administrative Council continued to disregard these amendments, making decisions on mergers and dissolutions. Consequently, the Legislator amended article 53 to clearly state that strictly Parliament itself has the authority to decide on mergers, dissolutions, separations and formations of civil service organizations. It also clears the Supreme Administrative Council of any authority to make amendments outside and beyond this article.

Safeguarding the Constitution as the national covenant and legal document of the state, firstly because of supremacy of the constitution on the other laws and regulations, secondly having enough guarantee in monitoring the constitutionality of the laws and thirdly due to preventing the constitution to get violated is absolutely an important and essential issue in which all the legal systems have considered some policies to obtain the above goals.Legal system of the republic of Italy has also established the constitutional court with the mentioned aims and own nearly half a century of experience in which this article is to verify the competency and functions of this institution.

The Discussion about diagnosis between Legislation and Execution and necessity of exist of certain body for these actions have been always in attention to the states. Also In Islamic Republic of Iran, different conceptions from the principles of the Constitution about Legislation and execution specify more than before, the necessity of clarification of these criteria and in this regard, it seems useful to discover these criteria in the viewpoint of the Guardian Council as the legal reference of the Constitution’s interpretation. Therefore according to procedures of comments of Guardian Council since the first period up to the end of 8th one, the cases like the reduction or development of rules, the determination of criteria and limits for law, the determination of exemptions and exceptions for law, the decisions regarding the rights and freedoms of citizens, the preparation, formulation and definition of terms, the determination of amount of fines and penalties and etc are defined as Legislation actions and the cases like the appointment and dismissal of executives, the allocation and consumption of funds, the preparation of ordinance, the Submit of bill to Parliament, the holding of elections, the determination of administrative details and etc are defined as execution actions. Of course comments are observable that not obey those procedures.

Participating in elections and voting in the Iranian legal system has a status different from other legal systems. In Iran's legal system which is based on the Shiite jurisprudence, the right to vote has been blended with the responsibility of the people in self-determination, the responsibility of the people versus the rights of others in the community and also sovereignty and stability of the Islamic state and according to the correlation principle of right and duty, the voting right can’t be assessed an absolutely individual matter and a personal right.The purpose of this article is the examination of the legal aspects of the voting right and its responsibility towards the rest of the society and also Islamic state through researching by the library method, so as to result in understanding the legal nature of voting right.