جستجوی مقالات مرتبط با کلیدواژه "قانون‏مندی" در نشریات گروه "فقه و حقوق"

The significance of comparative study in the field of administrative law, which heavily relies on foreign legal frameworks unlike other domestic legal fields, cannot be overstated. Within this context, the examination of administrative justice, which plays a pivotal role in the establishment and evolution of administrative law in influential legal systems, becomes increasingly important. This article aims to explore the characteristics and distinctions of administrative justice models across the globe, with a focus on the legal foundations of each respective legal system and the extent to which these distinctions are reflected in the procedural components. Among the various classifications of administrative justice patterns, the classification of countries based on organizational criteria and competency appears to be the most meaningful and comprehensive. From this perspective, countries can be categorized into three models: judicial unity (English model(, judicial duality (French model(, and mixed system (Germany-Belgium model(. Key factors such as the definition of the concept of public interest, the relationship between substantive and formal rules, the nature of the judge-administration relationship, and the unity or duality of the legal framework and judicial authorities significantly influence the formation and differentiation of each justice model. These factors manifest themselves to varying degrees in the quality and manner of justice, as well as in the issue of control and the authorities of the administrative judge.

Transparency of laws is under the principle of quality of law and is one of the types of transparency in the realm of criminal law. What we have dealt with in this article is the evaluation of Article 220 of the Islamic Penal Code adopted in 2013 in the light of the principle of transparency. The main question is what is the place of transparency in Iran's criminal legislation in terms of the passage of articles such as Article 220? It is assumed that transparency in the enactment of laws is not the concern of our country's legislature. Therefore, our criminal laws are full of vague and non-transparent laws, and this is due to the fact that the "principle of quality of law" is unknown. Passing a law in any capacity is not a legislative mission, but a legislative mission to make and pass laws based on the principles of legislation and legislation, one of the most important of which is the "principle of transparency." Today, the principle of legality alone can not be enough, but a law can restrict the freedom and preservation of social order that is set and enacted in a transparent and unambiguous manner. In this article, we have shown how Article 220 of the Islamic Penal Code is in conflict with the principle of transparency and its principles and the principle of quality of the law, and its revision is an inevitable necessity.