فهرست مطالب هادی حاج زاده

One of the subjects that are usually discussed by the lawyers at the beginning of the public employment issue is discussion about "legal nature of public service" and in this area, has been a lengthy discussion between lawyers of Administrative law. Accordingly, some of the lawyers, introduce the relationship between employee and government as a "contract" and others introduce it as a "unilateral legal act" and many of them introduce it as a relationship based on "law".The findings of this study show that due to the various missions of the executive bodies, it is not possible to use a single nature in justifying employment relationships. Accordingly, formal employment and command status is an administrative unilateral legal act; Contract employment, employment under the labor law, and employment of specialized retirees is an administrative contract for the rent of persons, and part-time employment is a private contract for the rent of persons.

Direct democracy provides more opportunities for citizens to manage their public affairs, with a variety of mechanisms. The Constitution of the Islamic Republic of Iran has the tools and, of course, the Neglected capacities in the implementation of direct democracy that it seems possible and achievable to explored and theorized to achieve them by looking again at these tools of direct democracy from one a different and new approach on the one hand, and a different and new reading of some principles of the constitution on the other. this article seeks to present theoretical studies of direct democracy and its most common tools (including: referendum, citizens' initiative, agenda initiative and recall), and study the grounds and capacities of the constitution to apply this type of democracy and offer some solutions to maximize citizen participation in the administration of state affairs, in accordance with Article 6 of the Constitution, which governs state affairs on the basis of public votes. accordingly, it seems that the Constitution of the Islamic Republic of Iran not only enjoys the mechanism of "referendum" but can also, by a secondary analysis, enjoys by other mechanisms of direct democracy without changing the provisions of the Constitution and without That the use of these mechanisms be found to be contrary to the Constitution.

A state’s civil responsibility is one of the most widespread, challenging and disputed issues in the world. Whether or not states are responsible for recompensing citizen damages in natural disasters requires a legal and jurisprudential basis in the Iranian legal system. If such a basis does not exist then according to the "principle of non-responsibility", the state cannot be held responsible for compensating citizens.By employing a descriptive, analytical and library method, this paper has separated the different causes of flood damage from each other and has analyzed the basis and scope of the government's responsibility in compensating for damages caused by each factor separately. To achieve this goal, the flood which took place in March of 2019 in Aqqala is a suitable and comprehensive case in which to study the factors and basis of compensation for natural disasters.The main aim of this research is to understand how the government's responsibility to compensate for damages caused by different sources of damage in natural disasters can be established.According to the findings of this study, the state's responsibility to compensate for flood damages in the northern area of the city of Aqqala city can be proven as its responsibility can be analyzed based on the fault theory of responsibility, thus the government is obliged to compensate for the damages of each citizen in its entirety. Furthermore, for the flood caused in the central area of the city, the state has no legal responsibility to compensate for the damages caused by the flood to those residing next to or around the river. A moral and social responsibility does of course exist but the state has limited legal responsibility for damages to inhabitants of the areas near the river. In addition, according to traditional theories of civil responsibility, the state has no legal responsibility towards the damages caused by the flood in the southern area of Aqqala as no fault or error can be attributed to the state. However newer theories and social, economic and ethical considerations, suggest that the state compensate for these damages.

International environmental law is one of the new branches of international law that created after the international community felt threatened by climate change and among codification numerous international treaties it quickly stabilized itself over other international law.In this article, we first briefly analyze the most important international agreements related to climate change, as well as the most important legal measures in the Iranian legal system to protect the environment and reduce greenhouse gas emissions.In the next step, the obligations of different countries about climate change are studied and the obligations of various internal institutions are analyzed and in the last stage, the gaps and deficiency of these obligations in international law and internal law of Iran are expressed.The findings of this study show that the promotion of the status of environmental treaties to human rights treaties can strengthen the position of these treaties in international law. Also, structural and legal reforms in internal law will lead to the development and promotion of environmental standards in Iran.

Security of the political system has always been one of the most important prerequisites for other aspects of security (personal security, public security, economic security, military security, social security, etc.) and so, is considered as one of the oldest and the most detailed issues of study of security. Regarding to this importance, this paper seeking the recognition of security of political system in the light of Islamic jurisprudence (the first laws and second laws) and for this, has studied various Islamic laws about securing the political system in different conditions. According to the findings of the study, protection of political systems in Islamic jurisprudence has three attitudes: the necessity of protection of political system in the first laws, the necessity of protection of political system in the second laws, and forbiddance of protection of political system. Of the total sum of these three categories and according to the concept of "referent object of security", we can recognize the place of security of political system in among of other aspects of security and Thus, produce the central core (= referent object) of the security thought of Shiite Jurisprudence that is the protection of discipline and unity of society and its collective identity so that even to Becoming it, securing of Illegitimate government is allowed according to secondary laws.

Undoubtedly, legislation in any governmental system is based on its intellectual – philosophical foundations and special ideology. Hence, in an Islamic society, religious rules must be criteria of legislation in order to make those laws authentic and valid for the people. In this research, we have reviewed the historical past of the argument shortly, and have studied various possibilities for criterion fatwa in legislation, i.e. jurists’ common fatwa, fatwa based on caution, fatwa of the supreme knowledgeable jurist, and any jurisprudential fatwa. Thus, we have come to the conclusion that with regard to jurisprudential foundations, the fatwa of the supreme knowledgeable jurist is closer to authority and authenticity. Then, with reference to the criteria of ‘Superior Knowledgeability’ in political jurisprudence, we have reached the conclusion that in an Islamic state, the superiorly knowledgeable jurist is the same ‘ruling jurist’ testified by the elites of the Islamic community for his knowledgeability in conducting the affairs of the society based on Islamic measures. In the final step and according to the above-mentioned, the procedures available in the Islamic Republic with regard to criterion fatwa in legislation have been explicated and explained. The verdict and fatwa of the ruling jurist becomes the criterion for legislation in the Islamic state, either directly or through a secondary analysis and based on a delegation enshrined in the constitution (the delegation to the assembly in taking any jurisprudential fatwa and the delegation awarded to the jurists of Guardian Council in the exercise of his jurisprudential opinion). Therefore, the legitimacy and authority of the laws of the Islamic Republic are ultimately attributable to the verdict of the ruling jurist.

Security and especially political security in all modern societies, is considered as one of the main factors of the fundamental rights of individuals and has taken the essence of the human rights. Taking this importance into account, this paper seeks to reconsider political security and its most important element as the referent of security in teachings of Shiite political Fiqh. First, standards and criteria for identifying the referent of security after briefly explaining the status of the issue in security studies. Political security has three standards of "the right to adopt and express any political opinion", "the right to be elected to a political office" and "the right to elect officials and political authorities". Then we study the "referent of political security" by considering the most important issue in political Fiqh. "The right to adopt and express political opinions" is the most important proposition in political security of individuals in Imami Fiqh in that it encompasses other political rights and freedoms.

The "referent object of security" is the main point of security and that fundament and essentially which need to safekeeping. This referent can be studied in various political, economical, social, cultural and other dimensions and also in Individual, public, national and international levels. In this research, economical dimension and individual level of referent object of security were studied and study"s Context was based on those jurisprudential Laws that jurisconsults and jurisprudents were deducted during several century and meantime of sources and texts and parameters of jurisprudence. For this,after to know the concept of security,three set of jurisprudential Laws about economical referent object of security of individuals were recognized and studied and then, main jurisprudential Law in this ground, were presented.

Privatization of banks or private banking requires making preparations and regarding different rules and commitments in various fields undoubtedly. Considering legal perspective, the arrangements and requirements will be analyzed and evaluated in the two major cases that are "change in ownership structure" and "change in the areas of decision making and monitoring." In this paper we explain briefly each of these require ments and also will analyze and evaluate history and current attitude of Iran legal system in each of them and regarding to these requirements, we study the strengths and weaknesses of current laws and regulations too. The results of this study shows, although the Iran legal system had a good workbook in terms of "change in ownership structure" in the banking industry but still it is at the beginning of the way in terms of "change in decision making and monitoring" and assignment in this area moves forward slowly.