morteza ghasem abadi

Article 153 of the Constitution of the Islamic Republic of Iran, recognizing the bitter experience of the past, resulting from the conclusion of hegemonic treaties, has prohibited any contract that causes foreign domination of natural resources, economy, culture, etc. This Article seems to need to redefine the instances of contracts subject to domination because it can lead to misunderstandings. However, this paper seeks to redefine the instances of article 153 while defining "domination" and the scope of the concept of "alien", as well as answer the ambiguities in this field using an analytical-descriptive method, with library resources and opinions of the Guardian Council. This paper is based on the premise that the objectification of article 153 requires the relevant laws and its explanation and completion by the parliament, and the emptiness of ordinary law in defining the instances of article 153 makes the mentioned principle one of the suspended and silent articles. Therefore, the main finding of the present article is that the instances of the mentioned principle, including "other affairs of the country", can lead to misunderstandings and interpretations that can have profound effects on national interests.

Welfare rights, by providing a minimum of an honorable life, have a significant role in the development of mankind. On the other hand, without welfare rights, civil and political rights remain abstract freedoms. Thus, we must also ensure and protect the rights in addition to recognizing them. Otherwise, they are only claims and nothing more. Therefore, the existence of a judicial authority that acts as a guarantor to the implementation of an individual's welfare rights before the administrative apparatus is inevitable in any legal system so that people can sue in order to restore their rights. In other words, welfare rights, including the right to social security, the right to education, the right to employment, equality, and non-discrimination, require judicial authority to ensure their realization. In the Iranian legal system, according to Article 173 of the Constitution, the Administrative Justice Court is recognized as a special authority for dealing with grievances and objections of all persons to the actions and decisions of administrative bodies, which, through the handling of complaints, guarantees the rights of individuals. Therefore, in this study, which has been done by the analytical-descriptive method and by analyzing the contents of books, articles, and opinions of the General Assembly of the Administrative Justice Court, we will seek an answer to the question of the performance of the Administrative Justice Court in the position of judicial supervision. What is the purpose of guaranteeing welfare rights in the Iranian legal system?

Supposition:

The study of the constitutions of the Islamic Republic of Iran and the Arab Republic of Egypt (2014) shows that the basic structures of these two countries in Middle East are very important and they are strategically similar.Question:What are the similarities and differences in the basic structures of the Iran’s constitution and Egypt’s constitution, and what is the reason for that.

This study has been conducted in the form of library research, and by reviewing the constitution of the Islamic Republic of Iran and the Arab Republic of Egypt, books and articles related to constitution law and comparative constitutional law.

Both of the countries have relied their system’s legitimacy on Islam democracy. Moreover similarities between Legal and political system of both countries including, Republic system, country integrity, simplicity of national divisions, having semi-parliamentary executive power, democratic basis of system structure, and ruling Islamic Sprit on legislation and issues of this type, attract attention in this regard. Such issues create more similarities in power position and authorities of political bodies of the two countries which can be inferred from their responsibilities, job description, and appointment and selection system.

Freedom of association and political party activities in international human rights documents and constitutions of most countries is a right that guaranteed to all citizens. Iran's constitution recognized this right to all citizens but with the criterion of Articles 9 and 26, puts obligations on them. Thus, according to these principles can be said, the independence, freedom, national unity, Islamic standards and the Islamic Republic Foundation, as restrictions on the formation and activities of political parties, have been justified in terms of constitution and they can be looking at international documents that have been recognized as limitations justified such as public order, the rights and freedoms of others, etc.

In many countries, the constitutions of many countries, recognizing the importance of borders, regard any change to them as incompatible with sovereignty, sovereignty and territorial integrity. This study examines the causes of change and the rituals of the formation of boundary lines in Article 78 of the Constitution of the Islamic Republic of Iran.

The present study is a library study, examining the constitution of the Islamic Republic of Iran, announcing the negotiations of the Islamic Consultative Assembly on this law, the Vienna Convention on the Law of Treaties and Books and Articles on Constitutional and Boundary Law from 1358 to 1395 done.

The study showed that partial reform of the border lines is carried out by the treaty, and the Islamic Republic of Iran's emphasis in foreign relations is to prohibit any treaty that alienates foreign affairs, thus changing the boundary lines in the Iranian legal system. It is considered a complex situation. For this reason, Article 78 of the Constitution, first of all, imposes a prohibition on the principle that any change is subject to minor reforms. On the other hand, the conditions envisaged in the original principle are such that the stipulated condition must be fulfilled at each time until the next condition is fulfilled; in other words, with the acceptance of border line reforms, these reforms must be very minor, minor reforms should benefit both. On the one hand, then the interests of the country must be respected, undermined by independence and territorial integrity, and finally endorsed by a four-fifths majority of parliamentarians.

Legislative power is one of the main pillars of the Iranian legal system in the Constitution. So, holding open session in the Parliament is one of the important measures to protect the rights and public freedoms, to knowledge of the current affairs and to monitor the performance of the representatives. Meanwhile, if the holding open session in the Parliament endangers national security will certainly be influenced the country. Therefore, with outlined anticipation in Article 69 of the constitution, has provided to the President, one of the ministers, or ten representatives that to proposed holding closed session in Parliament. If the proposal approved, decisions in closed session is valid only with attendance of the total members of the Guardian Council to reach the approval of three-fourths number of the representatives. After the emergency condition disappeared, Reports and resolutions of the closed session should be published to the public. This article is to be analyzed the different aspects of this topic.

First Vice President was predicted with the revision of the constitution in 1368 and this position chosen by the President and in this regard does not need to be approved by the Parliament. Actually there has discretionary power. There are predicted duties in the constitution for him, such as participating in the open session of the parliament, Cabinet Office, coordination vice president and, most importantly acting president in the absence or illness, more than two months, dismissal, resignation and his death. With a tendency towards of the constitution 1368 to the semipresidential system, the position of First Vice President was predicted to fill the vacuum of prime minister created by the removal of the structure of the executive branch. The official appellation of this position would return to Article 131 of the constitution and acting president. On the other hand, apply surveillance on First Vice-President including financial and judicial supervision as well as duties as having no two state jobs. This position is faced with some legal ambiguities and shortcomings during the bail that in this article are checked controversial issues.

Public order is one of the most important principles of public law that has challenging and controversial concept due to numerous definitions, different inferences, and the structure of existing societies. Therefore, speaking of place-based and time-based public order concept may not be considered as inadequate. In addition, for defining the concept of public order, the structure of legal systems and the impacts of religious and ethnical viewpoints on such systems are also very important. Therefore, public order in a country like Iran, with a system that standards of religion and Islam are part of legislation, would have a different concrete appearance in such a way that issues like Islam standards, public interest and public benefit may be used as interpretations of public order against rights and freedoms of citizens. Therefore, this article seeks to analyze the status of public order under Iran Legal System.

According to the extremity-centered attitude of human, freedom of expression is
a requirement for the individual independence of human being as an essential
end, so the restrictions on which should be determined within the framework of
the essential exception. Freedom stands in the realm of the natural rights and
restricting it in any manner is against that essential right. In the current age,
television can undoubtedly be utilized as one of the most powerful media in the
service of freedom of expression. However, at the same time, mal-use of this
device can offend both public and private rights. Therefore, restricting the
domain of activities for the TV channels is essential. In this regard, the
international documents of human rights have set restrictions for TV. The
Iranian legal system considers some restrictions for this matter too, some of
which are compatible with those prescribed in the international documents of
human rights and some others such as the Islamic rules and standards cannot be
found in any other international documents as the restrictions on freedom of
expression. It seems that the Guardian Council's interpretations of Articles 44
and 175 of the constitution are a kind of additional constraint on the freedom of
expression. In this paper, by conducting a comparative analysis on the said
documents, we analyze the restricions on form and nature of the freedom of
expression in the Islamic Republic of Iran’s Broadcasting Corporation

In the international documents of human rights¡ concepts such as protection of morals¡ public order¡ public health¡ public interests¡ others’ rights and reputation have been mentioned as restrictions on freedom of speech. In other words¡ no one is entitled to neglect the above-mentioned restrictions claiming that he has the freedom of speech. Declaration of Islamic Human Rights has adopted an approach other than that of other global and regional documents of human rights and has added other cases such as Islamic rules¡ respect to prophets and sacred things and what which may lead to destruction of beliefs to these restrictions to freedom of speech. Because of extending the field of restrictions on the freedom of speech in the Declaration of Islamic Human Rights¡ this declaration has a status different from other international documents; and thus¡ the field of restrictions mentioned in this declaration and the reason behind it should be explicated from the viewpoint of human rights logic. The present writing compares restrictions governing freedom of speech (mentioned in the Declaration of Islamic Human Rights) with other documents of human rights and tries to find the reason behind difference between restrictions in this declaration on the one hand and other international documents of human rights on the other.