جستجوی مقالات مرتبط با کلیدواژه « direct democracy » در نشریات گروه « علوم انسانی »

In many legal systems based on direct or semi-direct democracy, some means of popular supervisory mechanisms, including popular initiative, referendum, and recall, are envisaged. Recall is one of the modern popular supervisory methods that, while identifying the representative body, tries to remove the incumbent before the end of his/her term of office. This practice is still unknown and not used in the constitutions of many countries, but considered highly beneficial in a democratic environment. The main question of the present study is the essence of this legal entity by studying it in the legal systems of several states and federal level of the US. For this purpose, in this article, after recognizing the background and classification of recall with regard to the types of monitoring, the mandatory conditions and typology of this process will be discussed. The typology of recall includes its sorts in terms of justified reasons or grounds, signature collection threshold to start the election, and the how of the filling the position of the ousted official or the recall election methods. In some cases, the legislature, taking into account the circumstances, by anticipating the grounds excludes this process from an exclusively political process, which requires the provision of reasons. As a categorizer, one of the distinguishing features of recall is that, unlike other constitutional supervisory tools such as expulsion and impeachment, it is exercised outside of the ruling forces and by citizens. This article tries to introduce the recall, its background and types, evaluation of the recall, a plan to modify the problems raised by the opposition, and finally the possibility of the recall at the federal level of the US legal system.

During a popular initiative, on December 29, 2009, a ban on the construction of minarets for mosques, and on April 28, 1400, in another popular initiative, a ban on burqa was approved by the majority of voters and the majority of Swiss cantons. The Swiss Constitution was included. The passage of the two bans once again raised the issue of the possibility of majority tyranny and the abuse of minority rights through popular initiative as a tool of direct democracy. This article uses analytical and inferential methods to answer the question of whether these popular initiatives have led to the tyranny of the majority and the violation of the religious rights of Swiss Muslims enshrined in the European Convention on Human Rights and the International Covenant on Civil and Political Rights. According to the findings of this study, the results of the polls related to the popular initiatives of the minaret and burqa have violated the religious freedoms of Swiss Muslims and have also discriminated against Muslims in terms of religious places and type of cover compared to followers of other religions.

Direct democracy provides more opportunities for citizens to manage their public affairs, with a variety of mechanisms. The Constitution of the Islamic Republic of Iran has the tools and, of course, the Neglected capacities in the implementation of direct democracy that it seems possible and achievable to explored and theorized to achieve them by looking again at these tools of direct democracy from one a different and new approach on the one hand, and a different and new reading of some principles of the constitution on the other. this article seeks to present theoretical studies of direct democracy and its most common tools (including: referendum, citizens' initiative, agenda initiative and recall), and study the grounds and capacities of the constitution to apply this type of democracy and offer some solutions to maximize citizen participation in the administration of state affairs, in accordance with Article 6 of the Constitution, which governs state affairs on the basis of public votes. accordingly, it seems that the Constitution of the Islamic Republic of Iran not only enjoys the mechanism of "referendum" but can also, by a secondary analysis, enjoys by other mechanisms of direct democracy without changing the provisions of the Constitution and without That the use of these mechanisms be found to be contrary to the Constitution.

This article provides a comparative analysis of local governance structures in India and Switzerland, both of which face extensive ethnic and linguistic diversity. As the world's largest democracy, India utilizes its federal system, characterized by state and local divisions, to manage this diversity. Through mechanisms such as reservation systems and local institutions like the Panchayati Raj, India has ensured broad participation of various ethnic and linguistic groups in the governance process. In contrast, Switzerland relies on its unique model of cantonal federalism and direct democracy to manage its linguistic and ethnic diversity. Swiss cantons, with their significant autonomy, effectively respond to local and ethnic needs. The comparative analysis reveals that both countries have achieved success in managing ethnic and linguistic diversity, albeit through different approaches. This article examines the cultural, historical, and social impacts on local governance in both countries, highlighting the strengths and weaknesses of each system and offering recommendations for improving local governance in multi-ethnic societies.

In the Islamic Republic of Iran, as a democratic system, the legislation is carried out by the elected people's parliament. However, in very important cases, the parliament can relinquish certain matters related to its competence to a referendum. But, due to the religiousness of the government, there is a special supervision of sharia on the parliamentary decision and referendum that limits the scope of the people's decisions to the contrary than the licit democracies, and on the other hand, like other modern systems, the necessity of constitutional justice and problem of contrast of rules with the Constitution are also issued. In this article, the quality of the reference to the referendum and its constraints in the Islamic Republic of Iran as a religious democracy is studied, and its claim is that the form and content of the referendum in Article 59 of the Constitution in the area of religious law has the same limitations with the legislation of the Islamic Consultative Assembly, but in the other aspect, means the constitutional framework, some doubts can be raised

The government agility is one of the most important challenges in the Islamic Republic of Iran. Many analysts claim that the only way for government agility is downsizing of government in the form of privatization. However, many experiences indicate that privatization may give power to certain groups instead of directing it to the people. Therefore, it leads to rising powerful and unresponsive groups and oligarchies. Today by using recent information technology developments, methods have made for transferring government duties to the people that give the power to its main owners, which means all the people instead of certain groups. Transparency and crowdsourcing in different fields are samples of people›s maximum participation in governance. This study aims to present new methods for increasing participation and power of people in government and finally optimizing government, this can be achieved by reviewing countries experiences and different samples of transparency, crowdsourcing, and open government.

Democracy is considered as a form of political system to run a country which may be implemented in two general Direct Democracy where people govern their fate directly and Indirect Democracy where people decide over their affairs through a representative. Although for many reasons، direct democracy has been forgotten throughout the history، still many believe that considering the capabilities of information technology and its becoming universal، direct democracy may be revived. Through descriptive-analytical method and collecting various opinions، the present study attempts to investigate capabilities of the information technology to implement direct democracy، requirements and prerequisites to its realization as well as its application areas. Findings of this study indicate that having conditions and prerequisites realized in social، legal، security، administrative and technical aspects، the information technology can promise to implement direct democracy once again. Among areas where such important issue may be realized، we can point to direct involvement of citizens in the areas of direct lawmaking، supervising the good implementation of affairs، electing enforcement officials and agents.