جستجوی مقالات مرتبط با کلیدواژه « حقوق و اقتصاد » در نشریات گروه « علوم سیاسی »

It can be stated that at least in the three recent development programs in Iran (fourth, fifth, and sixth), there is a consensus among experts regarding the lack of full enforcement- or the expected enforcement- of legal provisions. It appears that one of the most crucial reasons for the nonenforcement of the program rules is ignoring or not paying enough attention to the enforcement requirements in the process of drafting and approving the legal provisions. The excessive increase of laws is based on the questionable and criticizable belief or assumption that the law represents reality and that the law's approval is a prelude to enforcement. While merely approving the law cannot change the relationships and balances of real relationships; Rather, the law must be approved in accordance with reality and be compatible with the capacities and capabilities of the law enforcers. On the other hand, the expected and definite role of the law is merely to give enforceable character to a document that is prepared on the basis of previous deep and detailed reviews and evaluations, not necessarily changing the behavior of the audience or related relationships. In this article, the requirements of law enforcement were discussed first. Then, taking advantage of Kaushik Basu's comments and within the framework of game theory, some points about the role and contribution of law in reforming the economic spheres are proposed. The success of any law requires taking into account considerations that cannot be provided and available in the traditional theory of the rule of law, as well as the theory of law and economics. In this invitation to rethink the role and contribution of the law with the focus on "research enforcement", several instances of the program laws’ provisions are mentioned, emphasizing on the law of the sixth development program. There are serious doubts about the necessity of approving many legal decrees and the effectiveness of using legal tools to achieve development goals in Iran, and in this sense, a fundamental revision should be made in the formulation and approval of the Future Development Plan (Seventh) Law.

According to private sector activists as well as politicians, red tapes have always been considered as the main obstacles to economic development and national production. However, there is no agreement on which regulations are being qualified as red tape. This paper argues red tape is caused by violating the legislative (or in a more general sense, regulation-related) principles. In such a situation, the legislators adopt new laws or amended legislation frequently and early, and as a result, economic activists are faced with uncertain and unpredictable environment. Obscure and difficult legislation; regulation without sufficient attention to, or knowledge of, the existing legal system; the legislative sectoralization; and repeatedly amended laws, are acontradict the legislative principles.
The paper concludes that the number of laws and regulations rather than the costs of those who identify laws and regulations should be considered as main indicators for red tape. Thus it is appropriate to consider legislations and regulations in terms of volume, issue, and the type, and category, and then drawing an exact methodology, administrative costs for the businesses are evaluated.