farhang faghihlarijani

In this article, it is claimed that in modern law, the drafting of the constitution is one of the most important and sensitive measures in forming the legal order. Because the legal system determines the general framework of individual actions and social interaction of people, and this is both for the present and future and of course, the form of this law is also a matter of choice. In line with justifying this claim, John Elster's theory of rational choice is one of the most influential and comprehensive theories in explaining and criticizing the methods of drafting the constitution, which is based on two principles: the first principle: "the individuality of human action" and the second principle " The benefit-centeredness of human actions" has been proposed. According to this opinion, the electoral behavior of a society is the best example of using a rational choice, and the formulation and construction of the constitution is the best case, because in this work, even if there is no malice, it may make the situation worse than it is, and this is due to "rationality". is incomplete. This essay has investigated the application of this method in the analysis of drafting and revising the basic law, or what is called the design of the constitution, with an emphasis on the thought of John Elster. The purpose of the research is to examine this theory in relation to how and why people participate in drafting and creating the constitution as rational agents. This is a Research Article

Compulsory acquisition of real estate is a method of implementing public plans by which people's lands and properties are compulsorily purchased through administrative and legal processes; In most legal systems, the transfer of ownership and possession of lands for public use is done in exchange for compensation of the damages caused to the owners and rights holders. The purpose of this paper is to provide a legal analysis of how to determine the compensation for compulsory purchases in Iran compared to the British legal system so that the legal shortcomings of compensation and the grounds for its correction are provided. In Iran's legal system, due to the prominence of “the principle of dominion over property” in Islamic jurisprudence and the background of guaranteeing private property in civil law, the principle of securing public interests as a legal principle has not been explicitly recognized, and has not established its place in legal doctrine. This analysis, in "non-use of the title of “compulsory purchase” in the laws related to public projects, "non-exact use of the term compensation or damage in the “land Acquisition laws" as well as "no provision for compensation for the various types of damages" has been reflected. in contrast, in British law, the result of the conflict between the principle of respect for private property and the principle of providing public benefits was the recognition of the principle of fairness and equivalence in compensation, which has provided a fair and consistent legal order. While in Iran, the focus is on ownership of property and rights and payment of the property price, and compensation methods do not include various divisions

Under article 3 of the [Iranian] Municipal Act of 1955, municipalities have independent legal entity. Meanwhile, the elective section of the municipality – then called “city association”- existed as an internal section of the municipality and not as a separate legal entity. After the Islamic Revolution, the new “city and rural Islamic councils” gained a separate legal entity. Thus, the structural gap between the executive section (municipality) and supervisory section (city and rural council) of local governments emerged. This led to structural incoherence and caused damaging consequences such as unnecessary administrative organs, judicial tensions, financial and budget disputes, and multiple legal responsibilities. Using a historical analysis method, this paper will answer the question: what is the origin of the structural tension between the municipalities and city councils in Iran? It seems the proper solution is returning to the original and historical model of the municipality in Iran and the elimination of the city council's legal entity and integrating it into the municipality.

Misallocation of industries can cause environmental degradation and land misuse, and therefore, to control the deleterious impacts of which on the environment, it is required to use land planning besides the environmental rules on the allocation of industrial units in accordance with the environmental characteristics of land. This article, addressing the interplay between land planning and environmental law, discusses the mechanisms of land planning application in reasonable location of industries and the challenges that hinder this process. The article exercises the land planning regulation in Iran’s environmental law and concludes that land planning can pave the way for the environmentally sound location of the industries through three mechanisms: industrial development strategy designation, zoning for the industries, and their wastes. However, due to some legal ambiguities in land planning, the Iranian environmental law does not apply this instrument in the environmentally sound location of the industries appropriately. The article suggests effective enforcement of land planning in the environmentally sound location of the industries through the legal and institutional improvement of land planning rules in Iran’s environmental law.

The theory of public choice is the study of politics based on economic principles. Today, the application of this theory has expanded into issues such as judicial behavior that has been widely accepted in the field of order. Studies have shown that the concept of general selection theory in judging has practically proved a kind of interdependence between the personal interest of the judiciary and its effects on the outcome of the lawsuit. The nature of the proceedings, the difficulty of an agreement between judges, the inequality of judges, the uncertainty in judgments and the influence of superior justices on the other judges, is one of the disadvantages of this type of judgment that is judged in the light of the structure and functioning of the full bench and specialized chambers of the Administrative Justice Court. The purpose of this study is to examine the possibility of the existence of a personal judicial interest in administrative justice. The present study, with a descriptive-analytic approach, explains this relationship and proves that these chambers are not exempt from the constent pressures and material temptations of interest groups, the non-judicial ethics and the culture of expediency stemming from the practices of the Administrative Justice Court.

Iran's Labor Law (1990) provides for Dispute Settlement bodies at two levels: the recognition Board and the Dispute Settlement Board. According to Article 157 of the Labor Code, these boards are competent to deal with any individual dispute between the worker and the employer or trainee arising out of the enforcement of labor law and other labor regulations, apprenticeship contracts, workplace agreements, or collective labor agreements. Subject to paragraph (2) of Article 10 of the Law on the Organization and Procedure of the Administrative Justice Court (AJC), certain decisions and judgments of the Labor’s Dispute Settlement bodies may be appealed in the Branches of the AJC. The rules and procedures for dealing with these matters are set out in Article 63 of the said Act. There are some ambiguities and challenges to both the jurisdiction and the procedure of the AJC concerning judicial review of decisions of the Labor’s Dispute Settlement Authorities, in which the answer to these ambiguities can be found in the Court's jurisprudence. Accordingly, in this descriptive-analytical method, this article attempts to study the jurisdiction and procedure of the AJC in judicial review of decisions of the Labor’s Dispute Settlement Bodies concerning the jurisprudence of the AJC.

In modern legal systems, government has the power of compulsory purchase of lands for the purpose of fulfilling public goals and laws to preserve owner's rights, define the scope of governmental organ's authorities. The question of this essay is what would be the differences between Iran and U.K's Legal system in the subject of authority and process of land purchasing. In United Kingdom the process of land purchasing includes issuing Compulsory Purchase Order, Notify and Publicity and approving the Compulsory Purchase Order. But in Iran, the process of land purchasing contains the existence of enacted plan, Finance Appropriation and formal declaration of plan by public advertise and notify to owner and registration process. This article by assessing the land acquisition in Iran and U.K, conclude that in Iran's compulsory purchase process, owners and who will be affected by plan, don’t involve in process of enacting and approving the public plan and they can't protest and don’t have the right to appeal to the plan.

In the new information and communication space, ordinary people equipped with communicative technologies, have the ability to discover the real personality of public figures or satisfy their own curiosity by revealing their private information and photos. This situation arises from a body of rights including the right to knowing, free access to information and freedom of expression in the new communicative space. But public and famous figures claim to have privacy that is contradictory with the rights aforementioned. This essay with an analytical method surveys relative conceptions and the judicial precedent of European court of human rights and discuss the relation between the privacy right of public figures especially politicians and the modern information and communication space. The judicial precedent of countries and European court of human rights propose criterion for resolving aforementioned contradiction. This essay by distinguishing between politicians and other famous figures conclude that disclosure of private information and photos of public figures according to the circumstances won't be contradictory with the privacy right, if it is for more clarification of their personality and comparing their private behavior with their formal positions in order to establish a debate containing a public interest.

The public services management Act, has recognized various types of public employment in executive bodies. According to foregoing law, public employees are individuals that employed in agencies based on administrative authority's decision or contract. But a different sort of employment that has not indicate in the law is a status that individuals as public volunteers called by administrative authorities or voluntarily serve in public services or public order field, in particular conditions. However, the main subject of this study is analyzing and examining the legal status of public volunteers including the wage situation and the civil liability arose from volunteer's acts.

According to clause (3) of article (10) of Administrative Justice Court's code, public employees’ claims against administrative bodies regarding violations of employment rights are under The Court's juridictions. Even though The Public Services Code states them as one of the main formats of public employment in governmental bodies, contracts dont fall under the above-mentioned court's juridiction. As a result, an essential question emerges: what is the basis of Administrative Justice Court's jurisdiction in accepting claims based on contractual employment? To reach an answer, this essay intends to recognize a distinction between contractual employments and private contracts that are not under The Court's juridiction in accordance to the decision of its general board. The argument is that the employment's contract has a law-based nature. All conditions, consequences and regulations of an administrative contract are determined by the law. Any alterations to its content depend on enacting new provisions and finally, partie's consent is irrelevant to conclude an administrative contract.