فهرست مطالب mahnaz bayat komitaki

Although development in the contemporary century is a simple and comprehensive concept, theoretically, has different economic, social, cultural dimensions. The question is which of these dimensions are more related to public law and what are the components of this relationship? Governance is at the heart of public law and the center of political development simultaneously. Governance is a step-by-step issue that begins with the issue of the legitimacy of the political unit as the first common point of public law and development and continues to other principles of good governance. The crisis of legitimacy itself is one of the development strategies and public law helps to solve it through its instruments so a country gets the necessary stability to achieve other dimensions of development. In the next step, the concept of good governance is introduced as another common goal. The principles of good governance are not only political goal of development buy also they are legal principles at the same time, and the more the governance of a country has these principles, the richer the public law in that country is, and such a country has political development. What this study shows is that good governance is not only a presumption to economic and social development, but also It is a developmental goal that public law paves the way for through its tools.

law and technology literature has assessed the role of legislation in relation to innovation for over a decade. According to some thinkers, "we are on the verge of a change in the legal paradigm and a revolution in legislation". Others talk about replacing the rule of law with the "rule of technology".the theory of anticipatory governance by providing a forward-looking framework provides tools to monitor innovation developments and examine social, ethical and legal aspects of emerging issues of the future, including emerging technologies. Thus, foresight as a regular analysis of alternative futures pursues the mission of supporting policymakers in making more informed decisions by considering future possibilities, scenarios and consequences. Due to growth of innovation and technological developments, the legal institutions in different countries have taken strategies and tools to adapt to this transition period. In this article, while examining the actions of the European Union in line with the regulation appropriate to the innovation environment, the institutional status of the Majlis Shora in the period of transition to the digital age is explained. Considering the need for flexibility and dynamism of the laws related to emerging technologies, formalization and understanding to the co-regulatory bodies under the supervision of the legislature, Using the capacity of the Majlis Research Center to carry out interdisciplinary expert evaluations with a future research approach in the drafting process , can provide a great capacity in line with the standardization in line with the need for innovation and Prevent reckless and hasty legislations.

The Constitutional Revolution introduced new concepts to the Iranian society that created a conflict between tradition and modernity. One of the most important confrontations involved the concept of equality. Due to its historical nature, the analysis of this conflict depends on the use of documentary sources from that era. These sources suggest that one of the most challenging issues in period of the Constitutional Revolution was the subject of Article VIII of the Supplement to the Constitution, which provided for "the equal rights of the Iranian people". The adoption of this article caused a controversy that became known as the “jurists’ dispute”. In the traditional Iranian legal system, equality in its new meaning with the distinction between "equality before the law" and "equality in the law", did not exist. As a result of this semantic evolution, legal scholars faced a new concept. Some tried to reduce the new concept of equality to the old meaning of equality, i.e. equality before the law, and called it a result of Islamic rules. On the other hand, traditionalist jurists, referring to the inequality of the rights of Muslims and non-Muslims, considered equality inconsistent with the rules of Islam. In the end, both groups were unable to find the right answer to the question.

Legal pluralism, in broad terms, refers to the coexistence of two or more legal systems under the one and same state. In narrower terms, legal pluralism implies plural state-made laws and the reflection of social and cultural plurality in a legal system of a state. The concept, in its broad sense, embodies this outlook that law is not limited to the institution of the state, and that the state is only one of the authorities that make legal rules in the society. Accordingly, the concept of legal pluralism gives rise to diverse and important discussions on the scope and meaning of the concept of law. In addition to the conceptual controversies with which legal pluralism is encountered, the significant methodological criticism is that legal pluralist theories lack a clear and precise criterion for distinguishing law from other social phenomena. Considering all normative orders as legal will lead to certain conceptual confusions, which undermines main claims of legal pluralism and make them unjustified.

The administrative system is a means of achieving the goals of political, economic, social and cultural systems of any society. It seems the nature and content of administrative management system affected by the construction and nature of governing system in every society. Thus, there is a proactive relationship between these systems. Therefore Competency-Based Administrative System is Equivalent to the right-based and democratic governing system and the non meritorious-based administrative system is outcome of the totalitarian regime. In this article, we will attempt to explain the normative and institutional principles of the right-based modern state with adapting a descriptive and analytical approach and then analyze the Constituent elements of administrative system associated with such construction of state.

The administrative system is a means of achieving the goals of political, economic, social and cultural systems of any society. It seems the nature and content of administrative management system affected by the construction and nature of governing system in every society. Thus, there is a proactive relationship between these systems. Therefore Competency-Based Administrative System is Equivalent to the right-based and democratic governing system and the non meritorious-based administrative system is outcome of the totalitarian regime. In this article, we will attempt to explain the normative and institutional principles of the right-based modern state with adapting a descriptive and analytical approach and then analyze the Constituent elements of administrative system associated with such construction of state.

"Rights" and "Public Interest" are among the key elements of political, legal, ethical and social discourse in almost any society around the world including the contemporary legal and political discourse of Iran. Meanwhile, societies inevitably have certain reciprocal tensions resulting from diversities in their ethical believes and contradictory claims. That is why theorists in political philosophy and modern law have strived towards advancing solutions to such controversial strains. To name a few, Hobbes and Hegel have theorized the notion of State Interest, recognizing the interest of a limited number of governors as public interest, based on which they privileged it over individual rights and freedom of citizens. Granting, devesting, dispensing or restriction of any sort of individual rights they maintained could only be realized under the auspices of the same. This theory has its own advocates and critics in Shiiat world. Shaikh Mofid and Shaikh Toosi are among the proponents whereas Shaikh Ansari and Imam Khomeini fall under the category of opponents. In this paper, after introducing State Interest doctrine, we shall later review the misconceptions and practical challenges around the concept in light of Balance theory as a convergent theory in the relation between individual rights and public interest.

The concept of right as one of the fundamental concepts of the law, policy and ethics, has been entered into legal discourse of Iranian community. However, right is a contested concept, and any discussion of it requires theorizing. Despite offering different views about the nature of right that can be categorized under two theories named will-based theory and utility-based theory, it seems that we can recognize the claim-based theory as a comprehensive conceptual theory about right. According to this theory, right is a guaranteed individual claim that has been justified based on two elements of human dignity and moral agency. Any way can we defend the nationality as a human right? In this article we will attempt to show from a descriptive and analytic perspective that nationality is one of the fundamental human claim rights and moreover is the precondition of all rights. The non-recognition of the nationality as right will directly lead to denial of intrinsic dignity and moral agency and therefore deprivation of humanity.

The modern state is a renewable and evolutionary phenomenon and it cannot be evaluated so that it has Single Cause. Therefore none of the fields of the Human Sciences alone cannot fully explain the emergence of the modern state without interaction with other disciplines. Political superstructure in various countries, primarily influenced by the social and cultural systems of communities as the cornerstone of the governance structure and then it is based on political, legal, economic, and military approach. Sociological and cultural characteristics of each society in conjunction with the economic, political, legal, executive structures play a significant role in the development of the modern state. In other words, the form and content of the governance system has a meaningful relationship with sociological and cultural characteristics of its people and their historical attitude towards concepts such as the power, the government, and the legitimacy.In this article we will present a conceptual analysis of the state and explain development of state in the Iranian society and then we will analyze the evolution and transformation of the state from the perspective of most distinctive social features and cultural characteristics and mental components of Iranian people.

Relationship between religion and politics in the thought of Imam led adherence of the social، cultural، economic، legal، judicial، administrative، and military notions from Shiism. The theory of governance of Imam profound effect on the nature of the political system and its legitimacy In this paper، we explain the notion of governance from the perspective of Grand Ayatollah Imam Khomeini، the theory of Absolute guardianship of Faqih، and attempt to describe the basis of political legitimacy in the Islamic Republic era and also we will examine the characteristics and components of the central government policies in various legal، political، social، economic، cultural، administrative، military and religious aspects that all of them speed up the process of development governance model in Iran.