جستجوی مقالات مرتبط با کلیدواژه « rule of law » در نشریات گروه « علوم سیاسی »

"Good governance" is one of the indicators used during economic development. An index presented by the World Bank and in recent years has attracted the attention of many economic analysts and even political economists in Iran. An index that has 6 components to measure, including: the rule of law, political stability, corruption control, the effectiveness of government effectiveness, the right to comment and answer, and the quality of laws and regulations. But different governments seek to realize and implement these components under the influence of their ruling discourse. Therefore, measuring good governance as an important component in measuring the performance of governments, which has received attention in recent years in Iran, is to understand the internal discourse of governments. In this research, we seek to examine the discourse of the two governments of Ahmadinejad and Rouhani and the impact of these discourses on good governance on the executive branch in Iran.

This study aims to answer the question "What are the key elements of administrative corruption in contemporary Iran?" Based on the results, the factors contributing to administrative corruption include the construction of political power; rentier government; state-controlled and non-competitive economy; political subject culture; weak civil organizations; lack of transparency, accountability, rule of law, and free media; political and administrative instability; weak judiciary and regulatory bodies; inefficient organizational structure; oversized government; the ethical standards of the governing elite; societal values; and the state of political parties and competitions. Despite the implementation of sound policies and measures in the Islamic Republic of Iran, the intended outcomes of an Islamic system in terms of preventing and addressing administrative corruption have not been realized. Furthermore, Iran’s position in the rankings of international organizations does not reflect the standards and expectations of the Islamic system and society.

This paper employs both quantitative and qualitative approaches. Initially, studies on administrative corruption in contemporary Iran were reviewed, and the underlying causes and structural contexts were identified through qualitative content analysis. Subsequently, Open, axial, and selective (OAS) coding techniques were utilized, and their logical integration across three stages led to the determination of 20 final elements. Upon analyzing the data gathered during the open coding stage, a total of 354 concepts related to the causes and structural contexts of administrative corruption in Iran were ultimately derived.Following this, during the axial coding stage, a logical sequence is established among the identified elements. To discern patterns in the data, a constant comparative analysis is performed again. This process involves comparing and integrating the coded data into suitable components. During the axial coding phase, 20 structural elements were identified. It’s worth noting that the roots of all these elements extend beyond the era of the Islamic Republic, tracing back to the times of the first and second Pahlavi governments, and even the Qajar era.

Given the fundamental distinction between the government of the Islamic Republic of Iran and its predecessors, and its focus on revolutionary ideals, particularly the pursuit of justice and the battle against corruption, it is crucial to address the structural shortcomings in these areas. Hence, the primary recommendations are as follows: lessening reliance on oil (a policy of the siege economy/resistance economy); instituting the rule of law; emphasizing transparency and enacting relevant laws; abolishing monopoly and fostering competition; diminishing the government’s role and size; bolstering the private sector; empowering regulatory bodies; ensuring political stability; enhancing democracy and civil organizations; supporting free and independent media; reforming the administrative structure; implementing e-government; advancing access to information; facilitating a platform for public oversight; increasing accountability; fostering religious culture and lifestyle; strengthening the government’s internal controls; and promoting education and awareness.

Taking advantage of the benefits and fruits of social capital in order to achieve the lofty goals of the political system occurs at the level of society if it is possible to know the effect of its facilitating norms and networks. Rule of law, as a matter that has always been a necessity of human social life, is one of the norms that play an important role in consolidating group structures and increasing social capital. For this purpose, the current research seeks to analyze and discover the network of main and central themes of "law orientation", through the theme analysis model, in the intellectual system of Hazrat Ayatollah Khamenei. In this research, while explaining the theme analysis method and using the theme network analysis technique, after studying, analyzing and rearranging the 950 data of the original text, finally, the number of 6 central and comprehensive themes of "law orientation" as a component of increasing social capital in the system The thinking of the Supreme Leader was described and analyzed. In the end, three strategies were proposed to strengthen social capital in this field. First: All members of society, especially agents and elites, must be fully committed to adhering to the law. Second: Legislature should seek revision and amendment of redundant, incomplete, contradictory and ambiguous laws with a serious determination. Third: Monitoring the correct and timely implementation of the law is another clear and unavoidable duty of the relevant centers, which can be very effective in improving trust and promoting social

Monitoring the transactions of municipalities is one of the key mechanisms of good urban governance, therefore, in countries that have a long history of "rule of law", there are usually legal and political mechanisms to monitor these institutions on their income, expenditure and transactions. Considering this issue, this article is looking for an answer to the question, what are the most important damages and loopholes in Tehran Municipality transactions? In this regard, we investigated this hypothesis by using a systemic model: lack of rule of law, corruption, lack of transparency in transactions, lack of responsibility and lack of accountability of city managers, lack of proper and continuous interaction of citizens and urban civil and union organizations with municipalities. and councils, lack of formal and informal monitoring of urban management, lack of supervision and control over financial income and expenditure and municipal transactions in the form of a legal and logical framework and the principles of the rule of law and its supervision among the most important damages and loopholes of transactions It is the municipality of Tehran. This article showed with a descriptive-analytical method that the system model, on the one hand, has a high strategic, practical and knowledge-based capacity to realize good governance in municipal affairs. In this regard, the use of systemic theory in this article is an innovative method in the analysis of legal transactions of Tehran municipality from the perspective of good governance.

In recent decades, the implementation of good governance programs and reforms as a development strategy has been requested from developing countries by many international financial institutions and donor countries that are part of developed countries and introduced as the most effective development model. The purpose of the current research is to investigate the components of good governance of the legislative branch. And the research method is descriptive-analytical. The legislature is one of the important institutions in the country's macro-decision-making, considering the relationship between the legislature and the executive, the governance in the Islamic Republic can be considered a semi-presidential and semi-parliamentary system. The findings show that the principles of good governance as a development strategy create several requirements for the legislature and these requirements are examined by separating the functions of the legislature into legislative and regulatory functions. The executive branch should not be negatively affected.

 Examining the special place of Mirza Taghikhan Amirkabir in the contemporary history of Iran requires attention to his perception of the "Janus face of modernity". According to historical sociology, modernity has a dual and interconnected nature, whose positive, civilizational or objective aspect emphasizes the development and progress of civilizational, economic, scientific and technical elements, and its psychic, subjective and subjective aspects emphasize the importance of achievements. Cultural, corresponding to the freedom of mankind, equality, democracy, pluralism and law, which is manifested in the philosophical language of Kant and Hegel in the concept of "reason itself". In this article, we are going to find out how Amir Kabir, as the great reformer of our society, has thought about the relationship between the elements of modernity. Has Amir Kabir believed only in the positive and industrial aspects of modernity, or has he become aware of the importance of its cultural aspects, including the "law"He has gained faith to the same extent as his predecessors Qaim and Abbas Mirza? The rule of Amir Kabir with the beginning of the reign of Nasser al-Din Shah Qajar in 1230 AH is accompanied by extensive changes Our hypothesis is that Amir Kabir's emphasis on the "fantasy of constitutionalism" reflects his understanding of the need to apply the dual achievements of modernity. Accordingly, We have critically examined the place of "law" in his intellectual and practical system.

Desirable governance under the discourse of modern Islamic civilization, which was one of the most fundamental and meaningful concepts that was formed in the context of the Islamic Revolution and then became a dominant discourse. The concept and development of the ideal governance requires the theorization of the components of government, its acquisition and issuance as a conceptual model that requires the explanation of the ideal governance according to the capacities of religious teachings. Using the descriptive-analytical method, this research addressed the question of what characteristics and components the ideal government has at the level of the Islamic revolution. In response to this hypothesis, the desired governance was proposed in line with the Islamic revolution based on Islamic teachings, which are elaborated in accordance with the capacities of today's humanity, with a twin view of the world and the hereafter, accountability, transparency, accountability, legality and the protection of citizen's rights. Drawing and regulating the relationships of human social life. Findings show. First, the indicators of good governance have a positive and significant relationship with the legitimacy of governments in different dimensions, especially the level of satisfaction of citizens. Secondly, the characteristics of good governance can be seen not only in religious teachings, but the grounds and tools for its realization during the four decades of the revolution are provided in accordance with the requirements of the society in legislation, justice and implementation. .

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.

The concepts of democratic governments are the manifestation of a democratic system and the basis of democratic government is to explain the status of the rule of law according to its manifestation in international law, which is the arena of human rights and the influence and expression of fundamental freedoms at the behest of a democratic government. , is . Freedom of the fundamental principle In any existing society, the reproduction of two significant phenomena necessary for democracy, namely: a- The emergence and rooting of awareness of fundamental political rights among all or at least the majority of citizens; B- Establishment of desirable socio-political structures to create and manage the right of everyone to participate in the management of public affairs. Recognizing the interrelationships between a democratic system, democracy, the rule of law, and fundamental freedoms, this descriptive-analytical study expands the concepts and the relationship between them with the aim of a comparative look at redefining these concepts and the limitations of action. It deals with the necessity of the relationship between these three categories.

In response to the question, "Why does the Islamic Republic of Iran differ from the Western countries in the interpretation of the rights and duties of individuals and the government?" It is said that in the Islamic Republic of Iran, the law is the legislative will of God, which is expressed in the form of the rules of Sharia for man to achieve perfection and happiness in this world and the hereafter. The necessity of this law is also expressed based on the rule of grace and the proof of public prophecy. At the same time, the rule of the people is emphasized as a superstructure in this system and the vote of the people finds meaning in the framework and foundation of divine legitimacy. It means, in the Islamic Republic, the law is nourished by the two sources of "infrastructural origin of divine law" and "superstructural origin of the rule of people", while the historical memory of "collective representation" can be traced. In recent years, influenced by the development of communication technologies and the expansion of social networks, the demands of the "superstructure" have increased and the traditional order has changed. As a result, internal divide and international conflicts have deepened. To change this situation, creating a compromise between traditional (Islamism) and modern (republican) discourse is a necessity; given the different structures of these two levels of discourse, harmony between the system of rights and duties of government and individuals is inevitable.

Power naturally has a desire for corruption, and reducing corruption requires curbing political power; Controlling political power also requires its institutionalization; Institutionalization of power means legality and depersonalization of political power; Based on this assumption, the question of this article is, "How can the institutional challenges of exercising political power in the period of the Islamic Republic of Iran be explained?" In response to the research question, this hypothesis is proposed that "the institutional challenges of the exercise of political power during the period of the Islamic Republic of Iran are rooted in the unequal distribution of political power in the ruling political structure, which is in the form of political rules and by rule-making actors in the institutional framework of the early Islamic Revolution 1979, It has been established". To answer the research question, the process tracking research method has been used, and for the theoretical explanation of the research problem, the theoretical framework of political institutionalism has been used. The results of the research show that in the early years of the 1979 Islamic Revolution, Islamic political forces, due to their extensive social power, had a superior and exclusive role in determining and compiling the rules and procedures for the implementation of political power, and this led to an unequal distribution of political power in the structure. ruling politics and as a result, weakening the institutionalization of the exercise of political power and intensifying political corruption.

The purpose of this article is to examine the relationship between good governance and economic-social development, emphasizing the seventh document of development, from the perspective of university professors and doctoral students of Mazandaran University. In this article, two methods of survey research and grounded theory have been used. The statistical population consists of students on the one hand and professors specializing in the field of economic-social development on the other hand. The statistical population is all undergraduate, master's and doctoral students in the fields of sociology, political science, economics and law studying in Mazandaran University who are studying in the first half of 2011. The validity of the questionnaire has been assessed with face validity and data reliability using test, retest and Cronbach's alpha test. In surveying the data collection tool, a researcher-made questionnaire was used, and semi-structured interviews were used in the qualitative study. Hypotheses are formulated using the theory of good governance. The findings of the article indicate the existence of a strong meaningful relationship between the components of good governance (participation variables, rule of law, etc.). Also, specialization, elitism and innovation as intervening conditions and single-product economy lead to trust, cohesion, support and social participation, and the consequences of such actions and reactions are welfare, security, social justice and public education. According to these findings, it can be concluded that in good governance, giving priority to valid measures for political and administrative accountability, the freedom of the targeted and efficient judiciary, the freedom of information and the effective functioning of government organizations are of fundamental importance in the comprehensive development process of the country.

One of the most important things to know the government is to measure its efficiency. Efficiency expresses the degree of success of the government, especially in the executive branch, to achieve its specific goals, and it also expresses the degree of its effectiveness, which comes about through different institutions and with different mechanisms. In this research, Rouhani's government, known as the government of prudence and hope, has been examined considering two important indicators of rule of law and legitimacy. The main question of this research is how the efficiency of the government, based on two indicators of rule of law and legitimacy, was measured in Rouhani's government and how was it? This research, using descriptive-analytical method, has come to the conclusion that in the field of rule of law index, Rouhani's performance was always in the red state and his limited efforts to improve the existing indicators in this field were met with failure. Regarding the legitimacy of the Rouhani government, it was related to the position of the general public. At this point, the majority of Iranian citizens reached the stage of indifference towards the country's political issues, especially participation in the elections, due to the weak management performance of the government and the type of protests faced in 1996-1998.

The equality of states in rights and obligations is a backbone component of the rule of law. However, veto power is against such equality. Global peace and security and political, economic, and cultural cooperation are essential for humans. The United Nations was founded to realize such objectives and contribute to international peace and welfare, while power-based politics arising from realistic strategies decelerates the implementation of international peace. The veto power is an effective mechanism of power-based politics that impedes the objectives of the rule of law. Therefore, this descriptive-analytical paper aims to identify solutions in order to constrain the veto power as a violation of the rule of law. To ensure the rule of law and preserve and promote multilateralism, the reform of the Security Council is the only solution rather than just an alternative.

The issue of good governance and its indicators have influenced the approach of governments on most of the basic issues. The current study seeks to examine the relationship between good governance and human security in Iran. It seems that there is a direct relationship between good governance indicators and human security. In such a way that the poor condition of the index of the right to comment and answer and the rule of law has led to the failure of human security. In order to carry out this research, descriptive-analytical research method and field survey have been used. The results of the research say: the degree of representation of rulers from social classes, the probability of success in suing the government, freedom of speech and political gatherings, political processes in holding elections, the rate of committing Among the issues, organized crimes and holding public gatherings have the most impact.

The principle of equality and non-discrimination in Iranian administrative law means that individuals are not equal in equal conditions in enjoying social, economic, political and cultural rights. Such as no tax exemption, no special court, no discrimination in obtaining jobs and positions and employment affairs, etc. The principle of equality requires that citizens and individuals of society enjoy the benefits of the principle of equality and non-discrimination such as equality in public and administrative services گردند. But in the Iranian administrative system, this principle has been excluded and violated more than other areas. In contrast to other inalienable legal principles such as the rule of law, the principle of fair trial, the principle of meritocracy and the principle of accountability and contrary to law, respect for legitimate freedoms and protection of civil rights, the Charter of Presidential Citizenship and… Some of the laws or approaches that prevent citizens from being equal in many public positions, including presidential, judicial, and military positions, can be mentioned. However, in some discriminations, it can be justified under the heading of positive discrimination (valid) and there is no escape from them. The principle of irrationality in administrative law, which is influenced by irrational decisions and outside the rules of the authorities of administrative law, and is considered as a violation of the principle of equality and prohibition of discrimination in administrative law.

Since maintaining and establishing security in the country is one of the requirements of a country's system, so the rule of law is also important to support the process of maintaining security. As crimes such as espionage, moharebeh, insurgency, and assassination of political officials directly target national sovereignty and the foundations of government. This study aims to investigate the criminal protection of the rule of law in the realm of security crimes. The present article has been done by descriptive-analytical research method, which has been done with the tools and with reference to the existing laws, books, articles and dissertations. In our country, various crimes are provided in the criminal law, especially the Islamic Penal Code, which aims to combat crimes against the security of the country. What has been missing from our country's criminal justice system for years, and its lack has been clearly observed, is the lack of a criminal theory that fits the ideals and goals of society. Undoubtedly, every society and every judicial system has specific strategies and laws to create and maintain national security against domestic and foreign crimes, and to maintain the security of citizens and society in the shadow of criminal protection of these laws. But the lack of transparency in the law, which is intended to maintain security; It itself deprives the citizens of security.

The laws and legal system in the field of art with a focus on music, cinema and theater face many gaps and challenges. This article seeks to find the gaps in the legal system and laws in the field of art and provide a model for legislators to legislate a comprehensive law of art. The study revealed five structural problems, which are: lack of specific law of art, instrumental view of art for the realization of "Islamic and Iranian art", guardian view of "butterfly system" works of art instead of "registration system", lack of attention to " The rule of law, especially the "civil liability of the state" and, ultimately, non-transparent artistic enterprise. Therefore, according to the above-mentioned structural flaws and flaws in the laws and regulations mentioned in the article, to present the "model of comprehensive law of art", eleven indicators have been counted, which are: rule of law, free and non-control approach, government civil liability, principle Transparency, a supportive approach to artists, coherence of laws from production to distribution, prevention of government entrepreneurship, transparency of government budget and credit laws, independence of unions, narrow negative definitions and an artistic approach not tools in laws and regulations.

The rule of law in domestic law inspires concepts such as accountability, transparency, protection of human rights, control of power, legality, and so on. The existence of these characteristics has led to the introduction of this concept, like many valuable concepts of domestic law, into international law. International law is now established as a set of enforceable rules, and their sovereignty is evident in the international community. The rule of law in international law is based on characteristics such as accountability to the law, legal transparency, prevention of arbitrariness, guarantee of the rule of law and with legal certainty, based on the requirements and structure of international law and in accordance with it. In this descriptive-analytical method, we found that human rights, both as the basis of the rule of law in international law and as its goal, have a prominent place in the realization of this principle in international law and the existence of human rights in the establishment of the rule of law is assumed. They simply recognize it. In fact, the establishment of the rule of law requires the implementation of human rights, and the relationship between the two is inseparable and inherent. Because they contain common principles and characteristics, and this was recognized and emphasized in the outcome of the 2005 Summit.