فهرست مطالب ahmad habibnezhad

The people with visual impariments are an important part of the society. Their special condition requires them to have special civil rights in addition of their general civil rights. Human dignity and positive discrimination can be the fundamentals of law to support the blinds rights which the roots of these principles can be found in religious precepts and fundamentals of legal laws. In this study we are going to achieve a desirable model of legal system to support the blinds in addition to the privileges and rights that citizens generally have; which, on one hand, this model can illustrate the harms, disadvantages and defects of the existing legal system in support of the people with visual impariments, and on the other hand, it can show the desirable horizon of these rights. Dispersal of supportive rules, deficiency of executive dysfunction, lack of guarantee of proper performance in enforcing legal rules, lack of effective participation of the people with visual impariments from the codification to legislation of laws and lack of using NGOs for people with visual impairments in the field of making and enforcing the law are the most important bugs and disadvantages of the existing legal system. In addition, the appropriate model should be drawn at three levels: structural, normative and behavioral level so that lead to an effective, efficient and transparent legal system.

The Islamic Republic of Iran was originally constituted on the principles of monotheism, justice and human dignity. The economic outlook prescribed by her Constitution, accordingly, endorses these principles. Indeed, the constituent power viewed the economic system as a means of providing the material needs of people to achieve loftier goals- defined in the Constitution as human growth. Respect for human dignity is a top priority of the Islamic Republic. Stated in the preamble, several more articles reinforce the growth-oriented economic theory and propose mechanisms the State shall deploy to achieve human excellence and growth other than merely economic development. Much in the same vein, the Constitution of the Federal Republic of Germany, albeit instituting a free-market social order, builds on the religious and philosophical ideologies to depict human as a spiritual-moral being who shall act freely. Bound by moral forces, these actions may help the human grow and develop a moral personality.

The Legislative initiative, as a legislative tool at the beginning and inside of the more comprehensive legislative process, is one of the essential issues in the legislative studies law and legislation. Unfortunately, unlike its final product, the law, Iran's legal system has not focused, consistent, and dynamic attention. Therefore, to clarify the importance of this issue and the need to pay more attention to it, based on the existing circumstances, the present study aims to design a desirable model of legislative initiative in Iran legislative studies law by identifying the principles and effective components.The qualitative research method and thematic analysis had used. The research's data were collected using semi-standard interviews with experts in the field of legislation, elected using the theoretical sampling method. Data were analyzed using the thematic analysis method in the thematic network. Finally, a conceptual model of network measurement had constructed. The qualitative research findings show that the design of the desired model of the legislative initiative includes four comprehensive themes: "comprehension of the concepts, fundamentals, rules, and principles of the legislative initiative"; "Knowledge, expertise and scientific standards in the legislative initiative"; "participation of citizens and utilizing from the mechanisms of civil society"; And is a "specific legislative policy”. In addition, to "validate" the themes and the constructed model, two methods of evaluating the validity of the communicative method and the audit method have been used. To "reliability," two ways of reproducibility and transferability or generalizability have been used.

In our legal system, several institutions are the policy reference in cultural affairs. Meanwhile, the Ministry of Culture and Islamic Guidance, as the main trustee of the Department of Cultural Affairs, has an important role in issuing licenses to cultural institutions. Licensing of cultural institutions is based on criteria set by the ministry, but after the licensing of cultural institutions, the Ministry of Culture exercises its posterior supervision through the Board of Cultural Centers. By examining the founding document of this authority, ie, "Rules and regulations for the establishment of cultural centers, institutions, centers and associations and supervising their activities", the structure and competencies prescribed for the said board can be identified and with a Legal analysis enumerated the criticisms leveled at it. Among the structural objections, we can mention the governmental nature of all the members of the board, the independence of the decisions issued by the board, and regarding the competence objections, we can mention the ambiguity about the competencies and the wide authority to apply disciplinary sanctions.Given the importance of cultural institutions and the impact they have on cultural rights, the proper functioning of these institutions will ultimately lead to the promotion of cultural rights. In this article, we seek to provide a comprehensive model with an emphasis on fair trial standards as well as good governance. The research method in this research is descriptive-analytical and library method has been used in collecting resources.

Strengthening and deepening studies in legislative initiatives and legislative drafting are a significant and complicated capacity used as a preventive strategy (solution) to make good laws when it faced legislative challenges. However, due to the complication and entanglement of the components of this field, having such a capacity has not been easy in practice, and it requires consideration of relevant elements, realistic and practical calculations, practical wisdom and many abilities. According to the thematic documents provided, the research method in this research is descriptive-analytical, and the data collection method is library type. Its purpose is to study the legislative initiatives, enumerate the effective components of legislative drafting, and highlight the legislative audience component. The findings of this study indicate that, firstly, in the legislative drafting process, Considering the legislative audience component to regulate simple, clear, accurate, correct, transparent texts both determine the form and content of the law and make the extent of law implementation by the audience, predictable and possible. Second, as far as the legislative initiatives and legislative drafting are concerned, the desire legislation, in the face of the challenge of non - implementation of laws, particularly needs accurate and realistic assessments of law enforcement and knowing the audience of the law as much as possible. Therefore, in this regard, it is necessary to consider both the importance of the legislative audience component and the role of other components and how they affect the quality of legislative drafting with a focus on the legislative audience.

Referendum has always drawn attention as a direct tool for exercizing the right to self-determination and citizen participation. The most important question is what are the features and standards of a "good referendum" - as a fully-fledged indication of the citizens' will? As well, what principles and rules should a referendum have to be the real representation of the will of the citizens and in what context it should take place? In this article, through employing a descriptive-analytic method, while acknowledging the lack of a clear and comprehensive legal system for the referendum in Iran and taking into account of experiences of different countries, the principles and criteria of a good referendum, and the processes and stages of this democratic phenomenon are examined. Emphasizing the need to strenrthening the guiding role of the legal system for the referendum and taking it away from the realm of political games, it is finally proposed to formulate a comprehensive law on the referendum in order for determining all the elements and components related to a good referendum so that all actors in the field of the referendum act within an appropriate legal framework.

The right to a healthy environment has been recognized as a right in the third generation of human rights and is one of the progressive rights that seeks to preserve the environment for present and future generations. The right to a healthy environment is the subject of several international instruments and treaties and therefore carries with it the obligations of governments to protect it. However, all human rights are effective when they are respected in the judiciary. Accordingly, this study seeks to examine the judicial protection of the right to a healthy environment in the proceedings of the European Court of Justice through a descriptive-analytical method. Based on the findings of this study, the European Court of Human Rights, as a regional court based on the founding document, the European Convention on Human Rights, considers itself obliged to investigate and rule on cases of human rights violations. On the other hand, the concept of environmental democracy has been recognized in the proceedings of the court, and this court has paid attention to this concept in several opinions. Although the right to a healthy environment is not explicitly mentioned in the text of the European treaty, the European Court of Justice shows that the court upholds the right to a healthy environment through other materials, such as a dynamic interpretation of the treaty. This article seeks to review the case law of the European Court of Human Rights in protecting the right to a healthy environment.

The right to recall of the elected officials by people means the right of people to remove the elected officials from office before the end of their term that has gained the attention of some legal-political systems as a procedure based on direct democracy. The difficulty of harmonization of the recall mechanism with effective institutions of indirect democracy is one of the reasons because of which this mechanism is not as widely used as other direct democracy’s tools. But this difficulty should not prevent it from being logically and reasonably used for the realization of increasing participation of the citizens. It would be determined in this comparative study that different countries have incorporated this process, either in a mixed way or fully, in their laws. But, in Iran, among the direct democracy practices, there is no explicit sign of it. Nevertheless, it seems possible to deduce the principle of acceptance of the mechanism's legitimacy from the accepted principles of Islam and the legal system regarding the nature of representation, as well as democratic interpretations of some constitutional principles. In order to expand the direct participation of people in governance, we can apply the mechanism in the legal system by using its successful experience of usage in other countries; provided that this application entails sufficient procedural guarantees to ensure the transparency, legitimacy, and legality of the recall process.

The contradiction between selfishness (personal interest) and altruism (public interest) and how they are combined are issues that have engaged the minds of the greatest thinkers of human history. The school of natural rights is one of the pioneers in this regard that it has played a significant role in justifying the right of ownership and identifying its limits. Some thinkers believe that the right to private property is a natural right inherent in human nature and in opposite, others, despite the recognition of the right to public ownership as one of the examples of natural rights, consider private property as the exception and maintain that this right has come about as a result of rulers’ act or on the basis of a social contract. On the other hand, in the school of Islam (theImamiyah jurisprudence), it is believed that the real property belongs to God and the man is indebted to Him in this divine gift. Defending private property rights is observed in both of these views (convergence) but each of them, under the auspices its intellectual foundations, has adopted a distinct policy about the scope of this right and sometimes has come to different results (divergence). This leads the mind of anyone to study these theories, reasons and argumentative methods so that be able to deal with a kind of convergence and conciliation between these thoughts and the existing divergence between them and come to a favorite result in this lane of dogmatism.

Transforming the organizing of the governmental institutions in the Islamic Republic of Iran into a parliamentary regime is a concern in which has been the focus of some writers and experts in recent years. In theoretical approaches, some see the Parliamentarization as a strategy to overcome the current problems, but some believe that the problems does not consider arising from the current regime's model in terms of the form of separation of powers and sometimes the problem has been known with the current Quasi-presidential regime and the necessity to move on to the requirements of real presidential regime. There are also two distinct views among the supporters of Parliamentarization: one that considers changing laws as an automatic setting of conditions for the efficient establishment of the parliamentary system and another view that believes it must be first prepared the conditions of the parliamentary system and then make change with less risk.

The right to self-determination can have different dimensions including in the local area and in the role which citizens can take in local-municipal regulations. This research discusses the mechanisms of citizen participation in the regulatory process in terms of local councils and, through employing comparative studies, expresses distinct examples and models of this participation. Despite the good experiences of leading countries in this area as to engaging citizens in the regulatory process, the results of the research demonstrate that, although there is a possibility of a general deduction of this participation from the upstream legal documents, there are no mechanisms for participating in local regulations or they are very weak and scarce in Iran. The impossibility of systematic and rational participation of citizens in regulation can be one of the most important causes of ineffectiveness and lack of willingness to obey municipal regulations and increase in the economic and social costs of implementing city councils' decisions.

The concept of ethics and moral virtues is one of the most complex concepts in practical philosophy. Topics related to human nature and basic human needs will never obsolete, old and non originality. Ethics is one of these issues, and since some emerging phenomena have entered into the our business world with a new face, it’s need to note to human and moral aspects, which undoubtedly have many legal requirements in the legal relationships among people, including Consumer contracts and consumer contracts are rooted in ethical principles. Theology, anthropology, nature, dignity and self-esteem, justice, goodwill, ethical indecency and etc. are among the bases in relation to consumer law. The purpose of this research is to explain and analyze the foundations mentioned in Islamic law.

The concept of the public domain is one of the concepts derived from the modern epistemic system, which is closely linked to the fundamental rights and freedoms of citizens, including freedom of speech, freedom of opinion, the right to engage citizens in the field of public affairs, and the right to organize, from the point of view of social science experts. The departure and the base for the realization of the people's religion are considered. Studies carried out in the spirit of expert thought, Jürgen Habermas, suggest that the acceptance of the relativity of facts and the ability to critique and change all the propositions are related to the social life, forms the essence of the theory of the public domain and the general discussion. Without any intention to rate the epistemic universe, the approach of writing suggests that the school system and the ideological nature of the political system, which are based on the various principles of the constitution, makes it impossible to fully reconcile the general sphere

In the last few decades, Parliaments have tried to interact with scientific and research centers, for making the best use of their scientific capacities, especially universities. One of the pioneering moves in recent years has been the launch of a series of parliamentary studies, including Parliamentary Law. These courses reduce the gap between the Parliament and the scientific and research centers with the goal of training the experts required by the parliament. The parliamentary studies are interdisciplinary topics aimed at empowering scholars and academics to meet the needs of the parliament.
These courses provide an appropriate ground for parliamentary efficiency and the strengthening of scientific and research centers and elites specializing in parliamentary affairs and seek to convey the real understanding of what is happening in parliamentary processes (legislation and supervision) to scholars. This article, while explaining the different dimensions of these courses and examining the experiences of the few countries that have been launching it, has evaluated the importance of launching Parliamentary Law in Iranian academy.

Faculty member of academy of culture and Islamic thoughtIn the political systems of world today, the election is considered as the best and the most common way of people's contribution in the political fate of the country and the parliament election is of highly importance compared with the other elections.The election and parliament entered the political literature of our country along with constitutionalism and passed a lot of ups and downs so that following the constitution, the historical eras of Iran has been the witness of parliaments and representatives different from one another.In the Islamic Republic of Iran, the election of Islamic parliament is of utmost significance due to the position of parliament in the system of Islamic Republic of Iran; So that the independent, powerful and public parliament would be one of the first demands of revolutionists, and the constitution has considered a special position for the parliament and the parliament members.In this regard, the importance of parliament election would be in electing the representatives who are mainly responsible for legislative and supervisory activities and they are a manifestation of the exertion of the people's choice for their future.The condition of being elected in the parliament which is the discussing issue of this article is considered as the most important principle which would be different in various systems and countries on the basis of cultural, political and social circumstances.