فهرست مطالب عبدالسعید شجاعی

The discourse and theories of governance are among the important subjects in the field of public law. Liberal and constitutional states, despite their theoretical and sometimes functional differences, share certain common elements as theories of governance in their essence and foundation. Among these shared elements are freedom, equality, and impartiality of the state. The variations in the understanding and interpretation of these elements and their interrelationships are the most justifiable reasons for the emergence of different types of liberal and constitutional states within the broader scope of these elements. This descriptive-analytical article suggests that the differences in liberal schools of thought have their roots in the perception of the "freedom" element and its relationship with other elements. Depending on the prioritization of the quantity and extent of individuals' enjoyment of fundamental freedoms or the prioritization of the quality of people's enjoyment of these freedoms, other elements, such as equality and impartiality of the state, assume different natures and functions. The formation of classical liberalism and egalitarian liberalism can be attributed to this very matter. John Rawls distinguished freedom from the value of freedom by establishing two principles of justice. He rejected the mere enjoyment of freedom without considering the quantity and quality of people's enjoyment of it. Rawls interpreted the value of freedom as equal enjoyment of it by all individuals, and his views on the elements of equality and impartiality of the state aimed to uphold the value of freedom and enable a greater portion of the population to enjoy these freedoms.

The right to education is considered one of the paramount human rights, acknowledged within the framework of both domestic Iranian legislation and international accords. In the pursuit of promoting, expanding, and reinforcing this foundational right, non-governmental organizations (NGOs) play a pivotal role within civil society, wielding the capacity to advance and enrich this right in collaboration with governmental authorities. Various mechanisms are delineated within the international and national norms of each specific country to facilitate this objective. Allusions to the explicit and implicit contributions of NGOs in the enhancement and development of education are evident in documents such as the Constitution of the Islamic Republic of Iran and other overarching texts, including general system policies, educational laws, and regulations. This research endeavors to scrutinize the concept of the right to education and the role of NGOs in the advancement of this fundamental right, rooted in domestic legal frameworks and international human rights instruments.
The primary outcome of this research, conducted through a comprehensive literature review and employing an analytical-descriptive methodology, indicates that domestic laws inadequately address the necessity, significance, and operational aspects of NGOs in the holistic and specialized augmentation of education. On the international stage, UNESCO, as the scientific and educational organization of the United Nations, has proposed recommendations under the framework of "Education for Sustainable Development." However, given the worldwide significance of the educational discourse and the presence of distinct cultural norms in each nation, these recommendations may prove insufficient.

Within each legal system, there is a set of legal institutions whose order and quality of relationship are directly related to the efficiency and dynamism of that system. Public law and public law are among the legal institutions that were recognized in the Iranian legal system. In the Constitution of the Islamic Republic of Iran, these legal institutions were mentioned as the general framework of the legal system. The main subject of this research is the analysis and description of the substantive and legal foundations of public law and the legal rights of public law. Using descriptive-analytical method and analysis of issues such as the logic governing law and the principles governing the interpretation of laws, this research seeks to find an answer and remove the ambiguity for the question of what is the difference between intrinsic characteristics, nature and legal basis of legal institutions There is public law and public law, and to what extent does the constitution reflect the characteristics and nature of these legal institutions? The findings show that the logic governing public law is of the type of polemical logic and the interpretation of the rules related to this institution is of the type of broad and free interpretation. The logic governing public law is of the type of formal logic and the method of interpreting its rules is of the type of narrow and limited interpretation. There are principles in the Iranian constitution that contain these legal institutions that can be identified from their relationship with other principles through their inherent characteristics and nature.

The institution of public rights is mentioned in Article 156 of the Constitution as one of the major goals of the judiciary in order to realize the rights of the people. There are various aspects to this legal institution including the principles, definition and nature of dissent. The views of Islamic scholars are among the theoretical foundations of the institution of public law. On the other hand, one of the ways to reach a consensus on the institution of public rights is to explain the legal institution similar to collective rights in the sense of "public rights" in international as well as Western views and doctrine. Employing a descriptive-analytical method, the present study draws on the explanation of the views of Islamic and Western thinkers, and seeks to pinpoint the extent of quality and quantity to which the two public rights-collective rights institutions are similar. In this research and in each section, the nature, definition and principles of each of the legal institutions of public rights and collective rights from the perspective of Islamic and Western thinkers have been studied and analyzed. Based on these analyses, it has been determined that based on the reading of the beliefs and ethics of the Islamic Foundation, public rights encompasses a wide range of individual and socialized rights and is more in line with collective rights than the readings of Sharia and jurisprudence based on public rights- which, of course, contains only the socialized individual rights.

Judicial supervision is one of the prominent tools of any legal system, so that without paying attention to it, the functioning of that judicial system will not be efficient and effective. Judicial supervision of administration is one of the types of judicial supervision in general in any legal system. The tools of judicial supervision over the administration can be generally divided into two categories: predicting competent judicial authorities and compiling and approving a set of rules and regulations to facilitate supervision. The main topic of this research is to analyze and describe the quality of using these tools in the two legal systems of Iran and Algeria. This research, by using the descriptive-analytical method and analysis of issues including types of unilateral administrative actions, the authorities for handling claims of revocation or annulment of administrative decisions, seeks to answer the question of what are the capacities of the two legal systems of Iran and Algeria in relation to Are there any issues raised?The findings show that considering that in general both follow the dual judicial system, similarities can be seen in the judicial supervision of administrative acts, but considering that in the Algerian legal system, administrative courts in There are public courts in the city, province and the government council in the center, it can be said that the judicial supervision of the unilateral administrative actions of the administration in Algeria is more consistent with the pattern of judicial plurality than in Iran.

As one of the manifestations of civil society, non-governmental organizations (NGOs) must contain the inherent characteristics of the society. In general and based on their existence philosophy, these organizations, on the one hand, must identify the needs and interests of individuals in society, and on the other hand, reflect and announce the identified needs and interests to the government as the responsible institution in meeting them. The relationship of NGOs with the government can be considered as ‘civil society organizational participation’. NGOs’ organizational participation can be divided into three dimensions of participation in law-making, law enforcement and monitoring the law. In line with the philosophy of NGOs, the foundation of effective participation of NGOs requires adherence to the structure of the institutions and the competencies of these organizations to the main components of transparency, including accountability and free access to information. Taking advantages of library resources and through descriptive-analytical study, the researchers seek to examine the transparency-based non-governmental organizational participation in the Iranian legal system. The results of this study contain the impression that this model of organizational participation of NGOs in the Iranian legal system can be observed and interpreted directly or indirectly.

The nature of the concepts of human rights and citizenship rights and the relationship between them has always been a matter of debate and challenge. The concept of citizenship rights can be divided into two categories of traditional citizenship rights and modern citizenship rights based on existential factors and historical trends. Accordingly, human rights are divided into natural and contractual human rights. Consistencies in the existential factors of each of them led to the formation of a relationship between them. Initially, the relationship between traditional citizenship and human rights was contractual, and then, in line with modern human life, the relationship between modern citizenship and natural human rights emerged. The constitution contains both of these relations in the form of mechanistic and substantive principles, so that the relationship between modern civil rights and natural human rights is enshrined in substantive principles and the relationship between traditional citizenship rights and contract human rights is enshrined in mechanistic principles. The Constitution of the Islamic Republic of Iran adheres to this rule and devotes its essential principles to the concepts of natural human rights and modern citizen rights and the relationship between them, and in the principles of mechanism to the concepts of traditional citizenship and conventional human rights and the relationship between They pointed out.

The study of women's rights is one of the most important fields of human rights and can be considered as an indicator of the human rights situation. Our society, like other countries, has paid much attention to this phenomenon and there are serious challenges in this regard, so any study and research Regarding violence and analysis of facts from different angles and its cultural, social, political, legal and criminological origins can be a way to improve security in all aspects and outline the future of society, especially in expanding judicial procedure and changing standards. Human rights to be effective. The aim of this study was to investigate the comparative law of violence among women in the Malachieh region of Ahvaz and its relationship with the variables of power, social support, women's education, economic status, patriarchy, cultural differences, age and education. The type of descriptive-analytical study is survey (quantitative) and the study population is Malachieh region of Ahvaz. The sampling method was cluster sampling and the sample size was 310 by Cochran's method, but in this study, due to the possible drop in the subject, 310 women were selected. The statistical population was 066 women who were victims of violence. Data were collected using a questionnaire and the number of questionnaires was 24, which were self-made from the theoretical foundations of the research to assess objective facts with a focus on variables and without evaluation and with independence of contexts. . Accepted. This study shows that 828% of the subjects were subjected to violence and also to examine the variables and its relationship with violence between women, the results were as follows: Masculinity, the exercise of power, social protection, women's education, economic status, and cultural differences have been used to prove or disprove these hypotheses by Pearson correlation coefficient test and have been examined using analysis of variance. Research Findings (Exercise of power 0.829), (Masculinity 0.950), (Social support 0.790), (Women's education 0.723), (Economic base 0.712), (Cultural differences 0.689) Level Significance is 0.000 which is calculated with an error of 0.05. Of course, its validity has been confirmed by the structural and formal content method and the reliability of the measurement has been confirmed by Cronbach's alpha formula (equal to 0.783). A large number of women have been subjected to violence based on patriarchy and male power in the family. In this regard, counseling and social support measures should be taken for these women by the authorities and the government.

Human collective life requires specific frameworks that, if not realized, endanger the survival of this life. The regulation of human social relationships requires the existence of a set of rules and regulations. Regarding the origin of the formation of these rules, various opinions have been comprehended throughout history. Muslim and non-Muslim thinkers offered different and sometimes different or similar views on the principles and nature of rules and regulations in this research, we try to explain and analyze the opinions of these two groups of thinkers about the nature of legislation by descriptive-analytical method. In general, common criteria in this regard for both groups are divine laws, reason and moral teachings. Regardless of the differences in opinion, their intellectual evolutions suggest similarities, wherein the general harmony of these views with the necessities of modern human life can be effective in creating similar laws.

One of the essential needs of human societies in contemporary era is the appropriate exploitation of land and its attachments. "Space" and "place" have always been the subject of challenge in Islamic jurisprudence and contemporary legal systems. In spite of the acceptance of subordinate ownership, its domain is controversial and has been followed by conflict in private and public rights. The elder Jurists consider exclusivity, absoluteness and permanency to be the fundamental characteristics of property rights. Accordingly, they have claimed a consensus on the boundless territory of space and the owner of the land is the owner of its space from above the ground to vacuum of space, and under the ground to the depths of the land. Many legal systems, influenced by this point of view, have enacted and codified rules and regulations. However, the needs of industrial societies and the expansion of urbanization and the necessity of urban development, such as the construction of subways and underground tunnels, the necessary drilling to access energy resources and the transmission of power transmission networks and monorail lines and aerial transit has led to more intense conflict in and interference with public and private rights. In this regard, despite the numerous views and opinions as to the negation of ownership, restriction in ownership and common manipulation of space and place, Imam Khomeini as one of the prominent jurisprudents who has accepted guardianship and governance simultaneously, has declared the subordination of land and air to personal lands to the extent of customary needs and possession of the surplus to "public property", and has brought about the combination of the two rights.

In this article, we are going to examine the principle of the rule of law, which is one of the main components of the legal positivism movement and the democracy system, according to the contemporary religious scholars of Iranian constitutional movement. In this regard, considering the concept of the rule of law and the related viewpoints of religious scholars, two approaches toward this concept can be deduced. First, some scholars such as Allameh Nayini and Akhund Khorasani tried to reconcile the notion of the rule of law and religious doctrines and create harmony between the two. Of course, sometimes, this harmony inflicted with some problems or imbalances concerning some of the components of the rule of law, including freedom and equality. The second group of scholars including Sheikh Fazlollah Noori believed that the rule of law was in conflict with religious law and rules. They believed that Muslims' needs can be fulfilled only through religious laws and rules and thus there is no need to make constitutional law. This group of scholars’ views were incompatible with the components of the rule of law. The scholars holding these views did not believe in common principles such as freedom and equality. Issues such as the separation of powers, equality, freedom and constitutional law were among the issues towhich the mentioned scholars objected.