جستجوی مقالات مرتبط با کلیدواژه « شایسته سالاری » در نشریات گروه « فقه و حقوق »

Since the most important factor in the development of any country is the administrative system of that country and the experts in this field have their own perceptions about how it works, good governance is one of the concepts that has recently been raised in the world arena and has governments on it. So that by relying on this concept and presenting its characteristics in their country, they can find a strong position for themselves among the citizens. Certainly, Iran is one of the countries that is trying to establish good governance and a favorable administrative system, but it has always faced challenges in this field. Governance is one of the very important and at the same time new topics that has been discussed in development literature since the 1980s. has been raised This issue has been given a special place especially in the developing countries in order to establish and institutionalize the civil society in the policies related to the granting of aid. It should be noted that today, governance is considered a successful model for the public affairs of governments. and plays a role in societies. This model has indicators such as accountability, rule of law, transparency and participation, etc. In recent years, governance has become an important issue in public and public sector management, and this issue is due to the important role that governance plays in determining community health. The governance model with the features of accountability, transparency and the right to comment will lead to the formation of an efficient and transparent government. The transparent, efficient and correct government is based on meritocracy and simple and clear rules and regulations.

Meritocracy is one of the important issues of administrative law that has not been considered much from a jurisprudential point of view. In this article, an attempt has been made to study this concept from a jurisprudential perspective and its impact on the Providing public services.

This is a descriptive-analytical article and the library method has been used to study the subject.

In this article, the originality of the texts, honesty and trustworthiness have been observed.

Merit is a concept of administrative law that also has a moral aspect However It is emphasized by jurisprudential sources and from the jurisprudential point of view, there are two dimensions of expertise and commitment. From the point of view of verses and hadiths, positions and situations are a divine trust, and the worthy, meaning those who have commitment and expertise, can better take care of the divine trusts and get things done. In addition Verses, narrations, and the tradition of the infallibles, especially Imam Ali (as), the importance and necessity of meritocracy indicate. the appointment of pure and worthy people to the position of people's affairs by those great men, and expresses the importance and necessity of meritocracy shows.

From a jurisprudential point of view, meritocracy in providing good public services to citizens by creating efficiency, justice and a healthy administrative environment is effective. Merit also prevents corruption and promotes the fair distribution of public services in society.

The success of any organization depends primarily on its human resources. So, in public organizations reform, “employment” is of primary importance. The good employment system also has the minimum that is referred to as employment justice or the legal principles governing public employment. Employment justice is in fact the criteria for assessing the public administration of each country. Therefore, the comparison of our country's status to the modern British administrative system can reflect the strengths and weaknesses of the public employment system and, consequently, the public administration. The study of the principles governing public employment in Iran shows that its main weakness is in the arbitrary application of the employment rules and as a result of violating the rule of law. Also, meritocracy there isn’t in our administrative system for that reason. From the human rights perspective, the lack of attention to the principle of equal opportunity for women and ethnic and religious minorities and lack of policies and supportive policies towards them is one of the major weaknesses of our administrative system. In contrast, in the United Kingdom, meritocracy is entirely systematically governed by the administrative system and has been formed on the same basis from the outset. In the field of equality and non-discrimination, various laws and policies have been adopted and implemented, and even the Equality and Human Rights Commission has been established to oversee the implementation of these laws.

In recent years, Administrative Law have been linked to hetorical concepts. This branch of law, as in the past, has no limitative and restrictive role. Rather, it is linked with new issues such as meritocratic system, good governance, effectiveness, efficacy, pragmatism, purposivism, etc., and in turn, it tries to administer the society effectively in the light of the management rules. According to the assumptions, meritocracy requires continuity and development that leads to increased motivation and responsibility which would bring us closer to the health of the administrative law system.In this regard, the researcher is seeking to identify and analyze the most important legal-managerial ideas, which are intended to create a meritocratic and non-discrimination system, using descriptive-analytical approach; in order to answer the question of what features the meritocratic system has and what the barriers exist to its realization in society. The results reflect the fact that the legislathion of case- law , presence of a modern Asabiyyah and the lack of elites' rotation are the significant factors in the inefficiency of such system in societies

Prohibition of gathering of jobs is one of the most important and fundamental issues in public law. This issue is not a new rule in the Iranian legal order created by the Constitution of the Islamic Republic of Iran. Rather, this rule is one of the rules approved by the constitution and while confirming this issue, it has given new dimensions to the previous laws, including the constitutional amendment approved in 1286. Prohibition of collective bargaining between government jobs, regardless of its scope and scope, has been a concern of the country's administrative and political system. Accordingly, the nature of legislation on this issue is rooted in the history of the Iranian legal system. Therefore, in this study, while stating the main principles of the ban on government jobs, an attempt was made to explain the reasons for the exceptions that have been applied by the government to the ban on the collection of jobs. Finally, it can be concluded that according to the legal provisions, faculty members are currently excluded from the law prohibiting government employees from interfering. Apart from educational positions, persons who are also appointed by the Supreme Leader to job positions are exempt from this rule. In this regard, it can be said that the ordinary legislator has not complied with the constitutional rule in the limits drawn in the prohibition of holding more than one government job, and the number of these exceptions has increased day by day. Regarding the position of banning the collection of jobs in meritocracy, it should be said that since educating future managers in the world class requires the identification of people with special competencies and requires principled planning to empower them, banning multiple jobs can be a powerful tool to identify Be worthy and realize meritocracy.

Employing skilled and expert personnel is a prerequisite for an efficient administration and a good public service that needs governing principles of: A) rule of law, B) equal public employment opportunity and C) meritocracy. Irans legislator has determined this principle in article 28 of Constitution and article 41 of Civil Service Management Act. Confrontation between local applicant- selection priority with that principle is subject of this article. Some organization like Administrative- Employment Organization have a positive approach to that but our finding shows disagreement of local applicant- selection priority with equal opportunity and meritocracy. Guardian Council have opinion on contradiction of this issue with the Constitution and General board of Administrative Justice Court with long silent about this issue, finally declared illegal.

That outer piety is necessarily a valid criterion for measuring the status of human beings in the sight of God Almighty cannot be claimed, but this criterion is inevitable for measuring the merit of individuals in holding public offices. Lack of knowledge of the inside or conscience of the individuals makes us inevitably resort to external criteria and outer requirements to measure the worthiness of the individuals. Rationally, people who possess the hallmarks of outer piety are also more likely than others to hold public offices. However, the narrative and rational documents show that the existence of such indicators will not reduce the need for supervision during the responsibility, and the mere existence of such a criterion in individuals cannot be an excuse to neglect their monitoring. In addition, one of the important points in using the criterion of outer piety is to correctly identify the qualifications of this criterion and the priorities among these qualifications. According to the narrations, attributes such as trustworthiness and honesty are among the most important criteria in recognizing outer piety. Also, in the event of a possible disturbance in the conditions of outer piety, the criteria that have more relevance to holding public offices have priority.

This paper is a brief investigation of the principles of public law in Farabi's thoughts. Although public law has many principles, this paper only examines the four main and important principles of the rule of law, prohibition of job multiplicity, meritocracy and administrative hierarchy in Farabi's thoughts. Accordingly, the purpose of this paper is to present a brief and descriptive picture of these principles from Farabi's point of view. Therefore, there are other issues and principles that can be considered and studied. The paper uses an analytical –descriptive method.

According to historical documents, including Islamic state letters, Islamic thinkers and jurists have theorized About the rule of law, meritocracy, human dignity, justice, fundamental rights of people, public participation, non-discrimination, denial of cumbersome bureaucracy, transparency, principle of decentralization, in particular foundations and purposes of correct Administrative system. The rule of Sharia and Islamic law, moral and fair purpose to the community, global perspective monotheistic system and … are examples of These foundations and intended purpose that Reflecting These principles and purposes obviously can be observed in the constitution of the Islamic Republic of Iran and Other legal documents and most recently the general policies of the administrative system. Although the constitution of the Islamic Republic of Iran in 1358 was prepared and ratified, But the studies of Islamic government Epistles Indicate that Intellectual background and theoretical context of the administrative system of the Islamic Republic and purposes and principles of, Is entitled from long history. Thus foundations of the administrative system of the Islamic Republic and the principles and objectives specific to it as genuine dialogue is not spontaneous and immediate issue.

It has been over a century since the first flight by an airplane and ever since, civil aircraft have been recognized as vehicles whose most outstanding feature has been their speed giving them a key position in transportation industry. Aviation industry, therefore, plays a crucial role in economic development in the world. This has caused many states and international bodies to be concerned about providing and preserving safety and security of the flights. This concern has been allayed by some domestic laws and regulations as well as over 23 international conventions and protocols. The law of “punishment for violating safety of aircraft and sabotaging the equipments and facilities of aircraft” passed in Iran in 1970 has defined and criminalized many offenses in spite of its brevity. The provisions of the abovementioned act are still applicable and have been a reliable source for judges and lawyers. Comparing this act with international laws, despite some similarities in between, there are some differences and gaps as well. Although some of these gaps have been bridged in the following years by such laws as “punishment for violators of industry” passed in 1974 and “Islamic Penal Code” in 1996, it is still necessary to gather the scattered acts regarding the subject matter of flight safety and security and recodify them considering current needs and requirements of offences and punishments.