فهرست مطالب saeed reza abadi

One of the primary duties of governments is to create and expand the context for personal talent development, enabling individuals to choose a job and get employed. The long history of human life indicates that, personality development is closely linked to the satisfaction of collective and general needs as well as employment and occupational activities. Employment and its subdivisions make up a substantial part of the Constitution of the Islamic Republic of Iran, and related instances are specified and heeded by legislators in numerous sections. The issue of employment is not limited to particular, state-related affairs but rather stressed throughout the body of the Constitution. Nevertheless, despite its significance, it is not an absolute right, and there are exceptions introduced in the constitutional and ordinary laws for this right. Iran's Guardian Council is responsible for the protection of this right through undivided attention to the matter when approving drafts and bills. They also scrutinize occupational rights in inquiries by the Administrative Court of Justice. The analysis of the procedures and theoretical principles adopted by the Guardian Council regarding the issue of employment sheds light on stances against violations of this right. This paper reviewed a number of bills and approvals as well as inquiries analyzed and commented on by the Guardian Council in terms of conflict with the principles of the right to employment to examine the council's attitude and theoretical principles.

The existence of political parties is one of the necessities of efficient elections, because holding elections with a focus on parties will make the programs of governing the country more mature and reduce the unreasonable number of candidates. the party electoral system is superior to the non-party electoral system. Now the question is what is the optimal pattern of interaction between the party system and the elections? Given that no research has been done under this title so far, it is important to investigate this issue. This research uses descriptive-analytical method. Findings show that number of parties, multiparty system is the most desirable form of interaction between parties and elections because it causes maximum participation of political tendencies in elections, but government stability, bipartisan system is desirable form. Is interaction. The model of a one-party, two-party system with one party winning is an undemocratic form of party-election interaction. The relationship between the number of parties and the electoral system has been justified under the heading of the "bipartisan law", which is the subject of controversy. The desired pattern of interaction between parties and elections also includes the participation of parties in the management of elections, election monitoring and the introduction of candidates so that elections are held in a healthy manner. In the discussion of the electoral financial system, the preferred model is the interaction of transparency and control over the expenses of political parties by setting restrictions and prohibitions on election expenses and the obligation to disclose and report.

In the last ten years, we have had about one hundred and seventy thousand dead and more than three million injured in traffic accidents. The complexity and numerous factors involved in the traffic accidents have caused the government to make effort to control the factors affecting traffic accidents by creating regulatory institutions. One of the most substantial institutions which was established is the Road Safety Commission of the country. Despite the existence of significant goals and tasks in the regulations set for the Road Safety Commission, the desired performance results for this institution have not been achieved so far. Therefore, questioning about how these institutions were established, how they operate and also their enactments and decisions from the rule of law perspective can represent a key question in explaining the current situation. In present article, according to the indicators of the rule of law, the way of establishment and legal status of the Road Safety Commission are investigated, as well as the degree of compliance with the indicators of the rule of law in the performance and decisions determined in the Commission. The present study demonstrates that despite the emphasis on the rule of law, none of the formal and substantive principles of the rule of law are properly observed in the establishment and ongoing processes of the Road Safety Commission. Therefore, part of the problem of traffic accidents can be found in the improper functioning of regulatory institutions from the perspective of the rule of law.

The article seeks to open a "portal" about the less well-known aspect of the "right to the city" from the perspective of "Labour laws". Most references to this concept have been made by urban planners and less attention has been paid to lawyers. But one can now come to an interpretation of the concept that, in addition to the urban political strategy of "going beyond current cities" or "a project to shape a different future for urban society", offers legal considerations that in the real world it is also the source of the influence of urban movements around the world and their result is the compilation of documents that have sometimes taken on the aspect of legal binding and while presenting the concept of "right to the city" as a universal demand, various examples including labor rights This concept has been offered. However, at the international level and under the influence of various "rights to the city" movements, various legal charters have been the criteria for governments to act. The method used is documentation focusing on content analysis. According to the research findings, three main factors in the formation of legal charters in the field of "labor law" derived from the "right to the city" are: 1. To draw the attention of legal scholars to the concept of the right to the city and to provide legal interpretations of this concept 2. Mainstreaming legitimate international institutions with regard to aspects of labor law arising from this concept 3. Adoption the right to the city as the agenda of civil movements in formulating claims on "labor rights" Inspired by the concept of "right to the city", various social movements have presented their demands to the legislators and the government as examples of this concept, and it is the bargaining power of these movements that determines the examples of the concept of "right to the city". Based on the review of various international experiences regarding the drafting of various charters and legal-contractual documents, it is also evident that some key examples in the field of "labor law" (right to work and employment, non-discrimination in access to work, right to organization an syndicate membership, Recognition of informal economy, labor training, improvement of working conditions, etc.) have been included in the mentioned documents as citizens' demands and have taken on a legal and binding aspect.

Undoubtedly, prevention of traffic accidents is of the most critical problems in our country. Although Government and governance efforts have helped to reduce the number of casualties and traffic accidents so far, the combination of these efforts in this field have not achieved a significant success yet. Hence, what is the role of government and governance in resolving such crisis? Is government the only actor of traffic regulation and safety? And in this way, is the law enforcement and employing authority accounted for the only means of regulating safe traffic? In fact, a part of the knot of this crisis could be untied through the answer to these questions. Taking advantage of the concepts of responsive regulation theory, not only will be expanded the arena for the simultaneous presence of government, public institutions and the market, but also regulatory tools will be equipped with economic and social tools in addition to authority and coercion. Indisputably, laying the groundwork for the presence of multiple actors beside putting into service the various tools will be a more comprehensive response to the crisis of traffic violations and accidents.

Women are vulnerable group in society who need protection and healthy environment. Part of mentioned preparations appear through social security system in each legal and political system. Whit a comprehensive look at the issue, there are protective policies for nondiscrimination for women, generally called social protection. An approach to social protection known as gendered approach to social protection has appeared in order to eliminate sexual barriers of culture and social constructions that stops women’s development; this is an approach in the field of social protection which is meant to reach to the goals of human development and enhancement of women’s labour. Considering the element of sexuality as a barrier for women’s development, the strategy of gendered approach to social protection and its valuable effects on democracy and freedom of speech is to be examined here. This research has been done with a descriptive-analytical method aimed to be implemented in the national and domestic field.

Management has a significant role in the efficiency and actualization of individual, group, and organizational objectives, which is considered as governance and rulership in public law. In order for the governments to achieve efficiency and productivity, it is inevitable to supervise the state’s financial and economic affairs, since in the present world the consistency of a country is undoubtedly dependent upon success in management of financial sources, for which the researchers would introduce certain components in search of its modern principles. On the other hand, the true religion of Islam, which is viewed as a code of conduct for life, is pioneer in all dimensions. This article undertakes to study the components of the efficient financial management in the sīra of Amīr al-Mu’minīn Ali (A.S.) on governorship level. While providing working procedures for disengagement from the managerial weaknesses in some macro and micro fields of the state economy and to struggle against corruption in the present era, this article introduces the abovementioned sīra as a symbol of epiphany, progress, and intelligence in the governance of our religious dignitaries in hundreds of years ago.

One of the most important and effective measures of governments in social, economic and cultural fields is regulating relationships between labours and employers. Different position of labours and employers, the large number of people engaged in this relationship and their considerable influence over each country’s economy show the importance of this discussion. Therefore, it is apparent any dispute over employment relationships should quickly hear through labour dispute settlement boards. Although the structure of these institutions in different countries has been affected by specific international standards, there are wide disparities among them which have serious effects on their efficiency. In this essay, we tend to state the Structure of Labour Dispute Settlement boards in Iran and some European countries from four perspectives: independency, competence, pre-trial stage and quality of judges. We also explain the relevant international documents in order to find their remarkable features which we can implement in the legal system of Iran.

The protectionist approach of two labor rights and social security branches, possibly caused that various factors which threatening the economic and social interests of workforces in a systematic framework, internationally and domestically, are identified and controlled. Meanwhile, the health of workers is more important, because it can prevent costly medical expenses and provide some funding for public health in addition to public health development, and promoting the quality of life for a big range of community. Labor and social security rights, as two field of internal public law are derived from the governments intervention in private relations of Work to support the workforces and realizing the goals of social justice.
The problem of reduced ability of work because of accident or illness is an important topic in this protection field and describe some legal ambiguities in labour code, especially in article21 and 32 in the case of disability are the points that is addressed in this paper.
At the end, the result was that in the form of a reduction in the ability of the workforce, total disability and partial disability resulting from any cause or from work or otherwise, cause to terminate the relationship of work and to enjoy social security benefits and allowances, therefore Article 21 of the labour code on this point was inexpressive.

Analysis and Matching the legal system of Work for Persons with disability in Iran with Standards of International Labour Organization concerning to Decent Work. In this descriptive – Analytic study, After studying International efforts around Labour law for Persons With Disability, in the context of general and special Human rights documents and ILO ‘s Standards, the present Legal system for the work of persons with disability in Iran, Include Laws and Regulations has been considered by Using the Library – documentation method. In the scope of fundamental Rights, Iranian legal system; 1- About Disabled compulsory Work has enough guarantee like other workers, and there is not any deficiency. 2- About Freedom of syndicalism: there is not any deficiency too, and there is not any limitation for Disabled workers and employers membership in present association. 3- In subject of equal remuneration, despite of non ratification any special approval, but minimum wage has determined the same for disabled workers and the others in article 41 of labour law. 4- About non discrimination, Also based on present legal foundations, any kind of discrimination because of disability has prohibited, and in field of employment, by ratification the comprehensive law recently in 2004, and by joining to convention for persons with disability in 2008 has taken serious steps too. Specially the significant gap of facilities presented in various areas of rationing public sector employment, Direct and Indirect Educational services for entering the labour market, and self –employment for special disables of Islamic Revolution, and the imposed war (precious veterans) and normal disables – Innate or the persons who became disable after the birth is less. Based on Results of present comparative Research, legal principles for fundamental Rights of disabled work in Iran is in the Maximum line with Minimum standards of decent work,and thus it seems that this important matter by passing the legislative phase, needs to focus on a competent supervision on implementing of existing systems. In the field of employment also, the first legislative steps, First: within a comprehensive policy and elimination of any negative discrimination and accidentally, establishing positive discrimination, with joining to convention of disables. Second, In context of specific and applicable legislation with approval the comprehensive law, Of course requires completion and follow-up underway.