جستجوی مقالات مرتبط با کلیدواژه "the constitution of the islamic republic of iran" در نشریات گروه "علوم انسانی"

In this research, it has been investigated how the Constitution of the Islamic Republic of Iran can act as a main source for determining the principles governing the foreign policy and relations of this country with its neighbors. According to the data analysis, the strategic model in the administration of relations with the neighbors based on the constitution has been investigated to advance Iran's good neighborly policy. The research through the data of the foundation and the interpretation of the principles of the constitution related to the three categories of guidelines, goals and policies counted from thirty-seven propositions and finally reached 09 guidelines, 16 goals and 5 policies. The important principles that have been emphasized in Iran's foreign policy and relations include the rule of God's law, the regulation of foreign policy based on Islamic standards, support for Islamic movements, all Muslims are one nation, negation of any domination and domination, foreign domination is prohibited. Independence and freedom and the rule of justice and justice are the right of all people of the world, issuing a revolution, defending the rights of all Muslims in the world, political asylum and decision-making in foreign relations with the Supreme National Security Council and confirming the leadership and executive body of the Ministry of Foreign Affairs. According to these principles and data analysis, suggestions have been presented to improve Iran's foreign relations, which can help to realize the country's good neighborly relations policy and provide a suitable strategic model for managing relations with neighbors.

The principle of "rule of law" has several roles in public law. It has the role of principles, goals and tools of democracy and human rights. The rule of law as a tool for creating and guaranteeing human rights, with the predictability of the future of the citizen and imposing restrictions on the government, is in a position where the concept of freedom and human rights is impossible without the rule of law. Anti-authoritarianism is one of the many principles of the Constitution of the Islamic Republic of Iran, especially in the third chapter for human rights, which does not have a means of guaranteeing it in a centralized way. But it is possible to find a way to guarantee tools based on the rule of law that are scattered in its principles. This article analyzes the role of the rule of law and the guarantee of its implementation in guaranteeing and realizing human rights and fundamental freedoms in an analytical and descriptive manner by counting the cases mentioned in the constitution.In this research, it is clear that the principle of the rule of law, and its requirements (the principle of incompetence, accountability...) has limited the ruler's behavior and performance by guaranteeing implementation, and human rights can be realized by making the future of citizens predictable. The goals and principles of the constitution have provided the goal of this sovereignty, but the existence of some interpretable words and practical procedures can create challenges in this article.

Desirable indigenous humanities for Iran are sciences and methods that are the product of scientific activities based on the culture, beliefs and needs of Iranian society and are aimed at solving the problems and problems of Iranian society. Therefore, the issues should be designed locally or the ideas should be localized in a proper way and appropriate to the culture and religion of the country, so that the desired result can be obtained from them. The meaning of localizing the theory of social control of crime (Hirschi) is to benefit from the policies and measures derived from these theories in the field of crime prevention and control. The purpose of localization of this theory is to localize the theory, because the theory does not belong to one's own country and it was formed based on the problem of other countries and proceeded based on the belief and cultural foundations of that country and provided a solution, in this case it should be Let's give it a native appearance to be localized, but its essence will not change. As a result, in the localization of this theory, we should take the general frameworks and directions from Islam and place the spirit and essence of Islamic teachings as the core of human and social sciences.

Abstract
Crime prevention is one of the main strategies in criminal policy which has been always paid attention for the purpose of controlling the criminal activity. The significance of this strategy is so considerable that the prevention of crime has been officially recognized beyond the Acts of Parliament i.e. constitutional law. Economic, social and cultural roots cause the emersion of the crime problem which the social prevention method seeks to identify and neutralize. This method is one of the best and most effective methods. Because fighting the cause is always better and more effective than fighting the effect. Social crime prevention is a strategy that in its current, simultaneously, with the recognition the basic social, economic and cultural rights of the citizen, prevention programs are enacted. The occurrence of prevention has requirements. Providing the basic rights such the right to engage in work, the right to adequate housing, the right to social security, the right to education and etc. are of these requirements. This article investigates the issue of social prevention of crime and its context in the constitution of the Islamic Republic of Iran using descriptive-analytical method.

From the perspective of the history of the constitutional law of the Islamic Republic of Iran, negotiations in the Assembly of Experts for Constitution can clarify questions or ambiguities surrounding the constitutional law issues. In light of this, the present paper has investigated one of the main issues of the Islamic Republic of Iran's constitutional law – "the head of government" – and has addressed questions on the opinion of the MPs about the head of government. The paper uses a critical, descriptive-analytic research method, and the findings indicate that the representatives refer to the contrast between “Imamiyeh jurisprudence" and "modern conception" of the constitutional law. Here we can witness some kind of conflict of thought which has not only resulted in the "make - Jurisprudence of the text of the constitution" but it also creates a kind of imbalance between the "principle of proportionality of duties and powers". Such discrepancy between authority and responsibility leads to a conflict of practice regarding the constitution. Furthermore, observers to the constitution have to convey a different conception of "president" in the context of the Iranian constitutional law.

With the formation of the Iran Republic Islamic System, legislation in various areas, including social, economic, political and legal to determine the specific type of human behavior in social relations between individuals seem necessary, because the purpose of law enforcement in each military is realizing of order and security in society. Ethics and moral standards of one side can be effective in maintaining the values of a society and on the other hand respecting can lead to a sense of social responsibility among people. Economic behavior of each individual, depends on ethics and beliefs and his performance, when the economic behavior laws, all people follwer social relationships and their function will be required to follow it. Human economic behavior based on the law and based on Islamic values could lead to ethics in humans, as human morality comes from within him. So the moral values such as justice, fairness, freedom can effect on ethic economic. Ethic is background of economic activity, because everyday exchanges with ethics and the importance of putting the main goal of any society is seen as important in social life. According to the concept of ethic and enter to the economics and then necessity of transfer law it can be appointed to rule the world. This article expresses the relationship between ethics and economics, economic ethics, the concept of ethics in the Islamic Republic of Iran laws, including the constitution, Islamic law and the Penal Code deals with the labor laws and the Penal and expressly Ethics in the constitution of the Islamic Republic of Iran according to the principles and values can be seen. Research method in this article is describing. The purpose of the article is investigating the Ethics in economic positions, politics and law in the purpose of efficiency in the Islamic Republic of Iran.

The ‘authority of law’ is one of the most important principles which all the constitutions of the world consider acceptable. According to this principle, authority is represented in the laws of a country, which consider all citicizens equal before law. Identifying the duties and jurisdiction of officials and considering them equal with other citizens as well as predicting various types of supervising the work of the statesmen, the constitution of the Islamic Repulic of Iran officially recognizes the principle of the authority of law.In Islamic law, a Muslim ruler has the right to directly make decisions in accordance with the interests of Islam and Muslims. These decisions are known as “governmental judgements”, which as stated in the principles 5, 110 and 112 of the constitution of the Islamic Republice of Iran, have to be obeyed, as in the case of primary and secondary judgements.Among the questions which are raised in the field of public law is: Are governmental judgements in contradiction with the principle of authority of law? The author sees that governmental judgements are symbolic of the principle of the anthority of law. Fiqhi and legal evidence indicates that law, which includes the codified law and governmental judgements as well as the constitution of the Islamic Republic of Iran endorse this view. This research uses a descriptiveanalytical method and cites evidence from fiqhi and legal resources to support its argument.

According to the constitutional law of Islamic Republic of Iran, "family is the constituent unit of the Islamic society; so, the law and plans must facilitate the formation of family, to guard its sacredness and to stabilize family relations, according to Islamic law and ethics" (Principle 10). In the direction of the principles of the constitutional law, one of the characteristics of the society in the vision of 1404, will be that the society has stable family institution. The main policies of the regime planned the road of implementing the principles and realizing the vision. So, this question is in how much is the bill of guarding family, that is submitted to the parliament by the president- July 2007, in the direction planned in the mentioned principle; and can it lead to the stability of the family (mentioned characteristic in the vision)? This paper has shown systematically the characteristics of the family in the constitutional law, the vision, and the main policies; and compared the content of the bill with them. The study has shown that the bill has some destructive procedural errors and incompleteness; and has some substantive conflicts with the criteria of the basic documents. Finally, some procedural and substantive ways and methods are proposed.

Considering the ruling systems of countries, any country has special theoretical bases on which the theoretical bases for laws of that country are specified, compiled, and approved by the scholars, elite, and leaders of the country. The constitution of the Islamic Republic of Iran also has functions which, in some cases, are unique and, in many cases, are similar to the legal functions of other countries. But, this constitution from the standpoint of theoretical bases is unique and new stemming from principles of Islamic ideologies and reflected in the opinions of the countries elite, including Imam Khomeini (r) and Shahid Ayatollah Beheshti (r). In this paper, some functions and then the theoretical bases for the constitution of the Islamic Republic of Iran in the opinions of these two scholars are researched.

In the last century, modern nation – building caused two main cultural challenges in the third words and developing countries: religiousness v. secularism and cultural and ethnic identification v. cultural and linguistic assimilation. Like the other non – western countries were experienced exotic modernization follow from the westernization and agency modernization based on state – oriented, Iranian society was faced with two problems mentioned above. So it is necessary to new policy for them and strategic managing this ethnic and cultural diversity so that in this policy would be appearing national solidarity and integration stimuli, structurally and durably. In this respect, it would be pay attention on replacing citizenship right and definition of national identity based upon unitary exactly plurality with denying the cultural and ethnic diversity.