فهرست مطالب جواد تقی زاده

Legislative initiation, in the sense of presenting a proposal for a new law or amending existing laws, is considered the first stage in the legislative process in any legal system. Based on the theory of separation of powers, the exercise of legislation power belongs to the legislative branch. However, nowadays it is accepted in parliamentary and semi-parliamentary systems that the executive branch can also play a role in initiating legislation. The legal systems of Iraq and Egypt are among the systems that have recognized the joint competence of the legislative and executive powers in the process of initiating legislation. In this context, Article 74 of the Iranian Constitution is worthy of attention as it is devoted to the issue of legislative initiative and the joint role of the legislative and executive powers in presenting draft laws. Using a descriptive-analytical method, this paper has tried to evaluate the evolution of the constitutional laws of Iraq and Egypt on this issue. The Paper aims to draw lessons from the Iraqi and Egyptian systems in terms of reforming the process of legislative initiative in Iran.

Article 87 of the 1358 Constitution made the prime minister responsible for forming the Council of Ministers and obtaining a vote of confidence from parliament. After the approval of Article 1 of “the law on adding articles to the code of procedure of the parliament about requesting the vote of confidence and the manner of holding it” in 1363/ 5/9, the prime minister was obliged to request a vote of confidence from the parliament both at the beginning of each term of the parliament and in the conditions stipulated in Article 87, after the formation and introduction of the Council of Ministers. In addition, the Council of Ministers was formed based on political will of parliamentary majority. This indicates that the vote of confidence to the ministers follows the parliamentary logic of the political system. After 1368 revision of the Constitution, president made responsible to obtain a vote of confidence for the Council of Ministers after being formed. By stating that “with the change of the parliament new vote of confidence will not be necessary” in Article 133 and removing the post of prime minister, the political system approaches the presidential system. The practical procedure of vote of confidence, after the revision of the Constitution, also confirms the adherence to the logic of the presidential system.

Since the establishment of the Islamic republic of Iran Broadcasting organization (IRIB), no specific laws have been made regarding its legal nature under any of the applicable laws. Some of the laws of the country have vaguely referred to the legal nature of this important and influential entity which compares them with the structure and function of IRIB, The nature of this entity is compatible with both the nature of state-owned corporation and state institute at some time and in some cases with neither and in a period of time it is relatively compatible with the state institute. In spite of this ambiguity, the appropriate legal nature of the organization didn’t attention to it sufficiently in the drafts of law that have so far been considered by the Islamic parliament of Iran. Although the legal nature of this organization is a state institute under existing law, But Since all executive and governing bodies must have a certain legal nature in order to be governed and supervised, it is essential that this is also the case with broadcasting organization. Therefore, it is necessary to amend the existing laws, define a new and appropriate legal nature for this system and be finished all existing ambiguities.

In the Arab Republic of Egypt, the Supreme Constitutional Court is established to protect the constitution. Granting this jurisdiction to the Supreme Constitutional Court, requires adequate provision of institutional independence of the Court and individual independence of the judges of this court. In a descriptive-analytical way, this paper seeks to answer the question of whether the Supreme Constitutional Court's independence has been secured. The legal measures taken to ensure the institutional independence of the Supreme Constitutional Court of Egypt are: determine the court judges by the General Board, examination of the responsibility of the court judges by the general board, the financial independence of the court and the administrative independence of the court; whereas the irremovability of judges, their long-term membership in the court, the maintenance of their jobs, the prohibition of more than one occupation and the provision of adequate salaries for judges, provides the individual independence of the Supreme Constitutional Court judges. By defining these rules in the Egyptian constitution and ordinary laws, the independence of the court is guaranteed in order to perform its duties and powers correctly and impartially.

This study aims to investigate the situation of suffrage in Iran. While analyzing the situation of suffrage in Iran, the author tries to provide a comparative reflection on the subject in French law. In Iran, the characteristics of voting are very appropriate, at least in theory, while how to exercise the right to vote is not very favorable due to shortcomings in laws and regulations as well as electoral procedures. Some features of the vote are explicitly mentioned in the rules and regulations of the subject, and others are accepted in practice or implicitly. The characteristics of the subject are that the vote in Iran is direct, secret and public. Optional and personal are also non-subjective features of the vote. In examining the exercise of the right to vote, the conditions for exercising this right as well as the inadequacies of its exercise in Iranian law attract our attention. General conditions for exercising the right to vote are: citizenship, political maturity and mental fitness. Due to the easy conditions of having the right to choose, every citizen can easily enjoy this right. But the electoral institution faces shortcomings in practice. In this regard, we can name: no electoral lists, no residency requirement, no moral qualification requirement and also, the impossibility of permanent participation of Iranians living abroad.

The US Constitution mandates the President to sign the bills approved by the Congress. The president can, within a deadline of ten days, sign a bill approved by the Congress, which will result to a law. If the President rejects the bill within that deadline for any reason and returns to the House which it was originated, the President's action shall be considered as a regular veto. After reconsideration, the Houses may, with two-thirds of the votes of their members, insist on its previous resolution, in which case the president's veto will be ineffective and the congressional resolution becomes a law without President's sign. If the ten-day deadline passes and the president does not announce his signature or veto, while the congress is at a session, the bill becomes a law; however, if the congress is not in session, the bill will not become a law. In this case, the pocket veto has been taken. Therefore, a pocket veto is possible at the time of the intersession and final session closurs of congress, but it is not feasible and is contrary to the constitution at the time of intrasession closurs of congress. The Supreme Court has unequivocally proclaimed the partial veto of the approved bills as a constitutional violation.

The necessity of coping with the financial corruption has led to impose requirements in many jurisdictions about monitoring the assets of some officials and oversee how their property is acquired, which is expected to increase public confidence in citizens by accountability and transparency. In our country, according to the one hundred and forty-two principle of the Constitution and the Investigation Law of Property of Authorities, Officials and Brokers of the Islamic Republic of Iran, the mechanisms for dealing with the property and assets of officials have been anticipated; nevertheless It faces with challenges such as the inability to supervise in-service officials, the lack of anticipation to verification processes and the effective and efficient guarantee of performance, as well as the lack of attention to financial transparency and accountability. This paper attempts to examine the existing laws and challenges in this field using library and descriptive-analytical methods and finally provide solutions to strengthen the mechanisms for dealing with officials' property and assets in legal system of Iran. It seems to public disclosure of property and assets by officials play an important role in ensuring financial transparency and at the lowest cost possible in-service monitoring of officials' property and assets; in addition, identifying offenders and public pressure will ensure that officials are not diverted to timely and accurately declare their assets and property

There was a common belief among comparative studies researchers that parliamentary systems work better than presidential ones but that belief disappears now. These systems don't have any substantive privilege and their harmony with societies conditions make them better or worst. By using comparative methods we can find out this harmony and suitable form of government for specific state. Governmental instability in France third and fourth republic and Iran parliamentary monarchy show that because of lacking political culture to make durable coalition, parliamentary system isn't favorable to these countries. In both cases cabinets lasted about six mount an average that means instability leading to inefficiency of political system. That condition still exists in Iran appearing fundamental feature of the country that makes parliamentary system improper choice for governmental form in Iran political system, Apart from problem of instability, parliamentary system in Iran present government because of approbative oversee on election may lead to political alienation.

The Egyptian Constitution of 1971 addressed the issue of the necessity of protecting the Constitution and established the Supreme Constitutional Court for this task. This body is currently is protecting the Constitution of 2014, as stipulated in Article 192 of the Constitution and Article 25 of the Supreme Constitutional Court of Egypt, as the task of "monitoring the constitutionality of statutes and regulations". While the laws in the Egyptian legal system are diverse, the effectiveness of the constitutional review system requires the adoption of ordinances to expand the scope of the Supreme Constitutional Court. One of these ordinances is that all laws are subject to the constitutional review of the Court. Accordingly, ordinary laws, Supplementary Constitutional Laws, laws approved by the referendum, abolished laws, parliamentary internal regulations, international treaties, and decisions of the president are subject to the constitutional review of the Supreme Constitutional Court. This is a mark of the effective and genuine constitutional review system in Egypt. However, the Constitutional Amendment rule is out of the constitutional review scope of the Supreme Constitutional Court. In this article, the efficiency of the constitutional review of statutes in the law of Egypt has been investigated.

Digital identity has become a significant paradigm in a variety of fields such as, sociology, psychology, social studies, information science and software engineering.
Digital identity, as an interdisciplinary research field, has a plurality of concepts and terms, therefore Ontology is able to define a common cognitive literature and basis for active researchers and specialists in this field, who need to share information.
Methods and materials
In this research, a great effort was used to study digital identity using the qualitative method of “domain analysis” and to use a population of more than 228 information sources of scientific outcomes such as, articles, theses, identified books and reports from Google Scholar database, online encyclopedias, lectures and training videos, and other key word-based online sources which can be accessed by key words of this field on Google. Identification, aspect extraction and digital identity-related ontology was also conducted and the identified OWL language-based ontology was represented using OWLGrEd and webovowl software and then expert’s views were studied and reviewed ontologically.

Different definitions and keywords of this field were identified by the conducted survey and the ontology of digital identity was provided. Features of digital identity was provided from 10 different aspects such as paradigms, constituent content, producers, data, identity representation, control, durability, life cycle, awareness and risk-challenge levels, and finally a new definition of digital identity was explained based on the extracted ontology from the field.

The Supreme Constitutional Court of Egypt was established as constitutional supervisor and a court out of hierarchical structure of ordinary courts in 1971. This court is responsible for multiple tasks to protect the constitution 2014. Some of the most important of these powers are: controlling the constitutionality of statutes and regulations, interpretation of legal texts, resolve positive and negative dispute in competence between courts and judicial organizations, and resolve claims about execution of contradictory final verdicts. Controlling the constitutionality of unilateral administrative acts by the Supreme Constitutional Court doesn't include all of them. Regulations governing the private sector and personal unilateral administrative acts are out of control by the court; while executive regulations, public service arrangement regulations, discipline regulations and emergency regulations are under the control of constitutionality by this court.

Postoperative nausea and vomiting (PONV) is one of the most common complications after anesthesia, and causes discomfort in many people. In some studies, the administration of high oxygen concentration during surgery has reduced postoperative nausea and vomiting. The purpose of this study was to evaluate the effect of different intraoperative oxygen concentrations on reduction of nausea and vomiting after laparoscopic cholecystectomy under general anesthesia.
In this randomized clinical trial study, 105 patients who underwent laparoscopic cholecystectomy under general anesthesia were randomly assigned to three groups; the first group received 30% oxygen 70% air, the second group 50% oxygen 50% air, and the third group 70% oxygen 30% air. Pain and nausea intensity was assessed using visual analogue scale. The data of this study were compared between the groups.
Findings: There were significant differences between the groups based on the number vomits, and nausea and pain intensity at end of recovery, and 6, 12, and 18 hours postoperatively (P High concentrations of oxygen reduces postoperative nausea, vomiting, and pain in laparoscopic cholecystectomy compared with lower concentrations, but does not reduce the need for metoclopramide.

A “signing statement” is a written pronouncement issued by the President of the United States upon the signing of a bill into law. The signing statement has a particular importance in the US constitutional order because the Supreme Court and Federal Courts have useditasa source to issue judicial verdicts. Signing statements are grouped into three categories: Rhetorical, Interpretive and Constitutional statements. The signing statement can be used as a subsidiary and helpful tool for other powers and relative bodies for a valid understanding of ordinary law and protect the Constitution. There are debates about whether a signing statement is lawful and in compliance with the Constitution; however, the Presidents have used it as rhetorical, interpretive and constitutional tools, due to the lack of clear reference in the Constitution about the impossibility of applying it.

The term “System's Dilemmas Settlement" is used in the Article 110 (8) of the Constitution as one of the duties and powers of the Supreme Leader. There are some uncertainties regarding this clause, such as the official body and the criterion for declaring and identifying the dilemma, as well as the final entity to provide the solution in respect of that dilemma. These ambiguities will be examined with a descriptive-analytic method in this article. In this regard, due to the detailed deliberations of the Revision Council of the Constitution, it becomes apparent that any dilemma unresolvable through ordinary ways, will be solved by the Leader through the State Expediency Council. Besides, in accordance with the standing order of the State Expediency Council and its practical precedent, in case the Supreme Leader identifies an issue as a dilemma, it will be referred to the State Expediency Council. Hence, the Council cannot directly interfere in a subject as a dilemma settlement, unless the subject is referred to it. The State Expediency Council based on the standing order is recognized as a supreme advisory council for the Leader in solving the dilemmas. Furthermore, the practical precedent indicates the Supreme Leader acts in the manner in which the State Expediency Council presents; although, in some cases, he may conditionally enforce it.

In spite of the silence of the constitution regarding the power of regulation-making by the Guardian Council, this constitutional institution directly, or through being committed by ordinary legislator, takes action in regulation-making. Despite this issue, the competence or incompetence of the regulation-making by the Guardian Council is one of the most significant matters in Iran's constitutional law. This article seeks to investigate the opponents’ and proponents’ positions on the Guardian Council's regulation-making power and deal with whether the Guardian Council has the regulation-making power. Some of the reasons for verifying this power include recognition of regulation-making power by ordinary laws, competence of similar constitutional institutions for regulation-making, recognition of regulation-making by interpreter of the constitution, regulation-making power to ensure the independence of the Guardian Council and regulation-making power based on constitutional custom. Through the analysis of these reasons and the responses of the opponents of Guardian Council's power, the research question has been answered. The findings of the present research study suggest that despite the necessity of recognizing the regulation-making competence of the Guardian Council (such that it can desirably perform its duties and powers), this competence cannot be defended in light of public law principles and the Constitution of the Islamic Republic of Iran.

The word "law" in legal texts reminds us several concepts. This word is used five times in the principle 138 of the Constitution without having the same meaning. Determining the meanings of this word in the principle 138 can contribute to formulate an appropriate strategy for providing the rule of law in the field of government regulations and review them. This article argues that the word "law" in terms such as "the executive regulations of principle laws" and "providing of execution of laws" and the last sentence of the principle 138 of Constitution means ordinary laws, but this word in terms "spirit of law" and "within the laws" means both the constitutional and ordinary laws.

For acoustic imaging of underwater moving target, multi-static inverse synthetic aperture sonar idea can be used. Although, proper imaging algorithm has been derived but related parameters have not been discussed. In this paper, after reviewing multi-static inverse synthetic aperture sonar idea and relevant imaging algorithm, effective factors on underwater imaging of moving target such as target dimensions, range, depth and movement, sonar depth and specifications and underwater acoustic channel characteristics are analyzed and practical imaging limitations are derived for the first time. Effects of mentioned factors on target image are simulated and accuracy of analysis is validated.

One of the most important issues of the legal systems is legislation and mechanisms to make law. According to the Article 85 of the Constitution, the Islamic Consultative Assembly is permitted to delegate the competence of making provisional laws to its internal commissions in necessary cases. Hence, the necessity is one of the conditions of delegated legislation. Therefore, the main question is to clarify the approach of the Islamic Consultative Assembly and the Guardian Council regarding the concept of necessity and its requirements including the responsible entity. This research through a descriptive-analytic method seeks to answer the aforesaid question with emphasis on the rules regarding the issue of necessity set forth in Article 85 of the Constitution. The Assembly restricts the concept of necessity to the necessity of passing laws and this is obtained whenever the Assembly finds it for any reason useful for the better advancement of the affairs. Therefore, the standing order of the Islamic Consultative Assembly has recognized this entity as the competent authority to discern the reasons and necessity of delegated legislation. Nevertheless, the Guardian Council has in recent years issued some comments which necessitates the Council to confirm the ascertainment of necessity recognized by the Assembly. The Guardian Council considers the necessity due to the legal order and in fact, in the format of the necessity to make law.

According to article 106 of Constitution, the authorities that have jurisdiction in respect of the dissolution of the local councils, are: An authority that detects the deviation that leads to the dissolution and the authority that handles the objection to the dissolution. The first authority can be either judicial or quasi-judicial. But, by virtue of the legislator initiative, the boards in charge of dispute resolution and complaints handling (the provincial and the central) are competent and suitable bodies for detecting the deviation of local councils from the statutory duties. However, according to Article 106 of Constitution, the “Competent court” is the entity that has jurisdiction to handle the objection to the dissolution. Due to legal precedent, the “competent court” is interpreted to public courts, but it seems that with regard to the expertise of the judges of Administrative Justice Court, this court will be more suitable authority for it.

The subject of this article is to explain and analyze the viewpoint of the Guardian Council regarding the scope of the Islamic Consultative Assembly’s competence in the position of interpreting the law. The question is to clarify the limitations derived from the viewpoint of the Guardian Council as the interpreter and supervisor of the Constitution, which the Islamic Consultative Assembly as the interpreter of ordinary laws is confronted. The research methodology is descriptive-analytical method. The review of the Guardian Council's decisions indicates that in the viewpoint of this Council, the jurisdiction of the Islamic Consultative Assembly isn’t absolute. The Guardian Council, through its interpretative opinion on 28/5/1988, declared that new legislation by the Assembly during the interpretation of law is inconsistent with principle 73 of the Constitution while such prohibition isn’t understood from that principle. From the perspective of the Guardian Council, retroactivity of the Assembly's interpretation of laws is restricted to the cases that are not concluded. Respecting to the acquired rights is another limitation for the Assembly in interpreting the law. Besides, Assembly's accurate interpretation of laws, sometimes, contains no new legislation, but due to the Assembly’s interpretation, it is revealed that the primary law has been contrary to the Constitution or Islamic law and therefore, it is declared as inconsistent with the Constitution or Shari’a (Islamic law).

In spite of its being repetitive, the phrase "natural law" has been used with different meanings and notions. The new meaning of natural law has had important role in foundation of democratic societies in the seventeenth and eighteenth century and is relevant with election rights notion. Therefore the power of the idea of natural law is based upon the fact that it has been essential for the explanation of constitution of modern States and the performance of new political role of people. Hence its substantive trace can be observed in the constitutions of most democratic States and also in some statutes especially in election rights. In fact the democratic election rights in modern societies are based upon the modernized human natural rights and were guaranteed in a lot of constitutions. A lot of human rights categories such as liberty, equality and the right of political participation were used for the justification of democratic election rights and somehow it resulted in survival and dynamism of these notions in literature and legal order of modern age.

The constitution of Islamic Republic of Iran is silent about the constitutional supervision of judges of courts over ordinary laws. But Article 170 of the constitution has provided the judicial supervision of judges of courts over governmental regulations and bylaws. The aforesaid Article states: "The judges of courts shall abstain from execution of governmental regulations and bylaws which are in contrast with Islamic laws and rules or out of jurisdiction of executive branch…." It seems that the judicial supervision of judges of courts can include the judges of ordinary courts, the judges of Administrative JusticeCourt, and the judges of councils of dispute settlements. Also, that the judicial supervision of judges is not limited to regulations and bylaws of executive branch, rather, it also includes the regulations and bylaws of other State institutions, except what has been excluded by article 12 of Act ofAdministrative Justice Court. It seems word "laws" in Article 170 of the constitution, include constitution and ordinary law. Also, judges have the jurisdiction of constitutional supervision over third degree norms same which they have the jurisdiction of legal supervision over them.

Underwater target imaging is possible using inverse synthetic aperture sonar but there are some practical difficulties because of inverse synthetic aperture geometry and underwater acoustic conditions. This paper proposes Multistatic Inverse Synthetic Aperture Sonar (MISAS) in shallow water, which can create better images of underwater moving targets. For finding an appropriate algorithm, imaging equations are derived for MISAS using polar format and filtered back projection algorithms. After simulation of both methods, it is shown that proposed filtered back projection algorithm has better performance due to picture quality criteria and target distance independence.

Fallowed by the hierarchy of legal rules, Iranian legal system has provided some institutions for preservation of constitution against of laws and regulations. Nevertheless, status of preservation of constitution is not so desired because the scope of jurisdictions of supervisor institutions does not extend to all the existing norms in the legal system. For example, Guardian Council is only institution that preserve the constitution against the resolutions of Islamic Parliament and this supervision does not apply the other legal norms that approved by another Normalization. Also, the supervision of Administrative Justice Court doesn’t include to the executive norms and neither extends to legal rules. The multiplicity of normalization and absence of comprehensive control on them, have caused to enter and attend the conflicting norms with constitution in Iranian legal system. These conflicting become obvious for the Laws enforcement officers in execute phase. Judges of courts are considered as one of the laws enforcement officers that might be to encounter with conflicting norms with constitution. This research is studying the reasons of the Advocates and Opponents of Constitutional supervision of Judges, on the Ordinary laws. Accepting the Jurisdictions of Constitutional supervision of Judges on the Ordinary law is the result of this paper.