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

The decisions of the courts, especially the constitutional courts and councils, are studied in various research from different perspectives. The writing style of these decisions is one important aspect, which relates to other significant issues such as legitimacy, transparency, accountability, and oversight. Direct style is one type of writing style. The question of this paper is to examine constitutional courts and councils in terms of how they write their decisions based on a direct style. This paper addresses this issue using a descriptive-analytical and comparative method. As a result, there is currently a consensus among these institutions regarding the use of a direct writing style. More specifically, today, not only is the writing of decisions by judicial authorities in common law systems direct, but developments in this style are also underway in the judicial institutions of civil law systems, including the French Constitutional Council.

According to article 570 of the Islamic Penal Code, the actions of officials and officials affiliated with government agencies that lead to the deprivation of personal liberty of individuals and violations of constitutional rights can be the basis for guaranteeing criminal executions such as dismissal and imprisonment. This paper, while analyzing the above-mentioned article, explicitly raises the important question that, assuming that government officials and officials take illegal actions based on a provision contrary to the law, can judges of the courts invoke the authority provided for in article 170? Should the Constitution apply the performance guarantee specified in article 570 of the Penal Code? In the present paper, by studying cases of judicial procedure of courts and using a descriptive-analytical method, it has been concluded that the authority obtained from article 170 of the Constitution has no necessity other than non-implementation of illegal provisions by judges and in such cases the inherent jurisdiction of the Administrative Court of Justice in articles 170 and 173 of the Constitution and by using capacities such as issuing warrants for reviewing the legal aspect of the protested regulation is referred to the Administrative Court of Justice and based on the Court's decision in the above regulation, a decision is made in the criminal case.

Among the legislative measures in the law amending the issuance of checks in 1997, is the creation of a new method, in addition to guaranteeing previous performances, to receive the amount of returned checks; However, the holder of the check applies for enforcement by presenting a certificate of non-payment to the competent court, and the court, without substantive consideration and merely fulfilling some apparent conditions, this document, like other final court rulings previously Has been judged and judged and at least two stages have been considered, issues an executive order. Although the necessity of creating this special solution, in addition to guaranteeing other performances, is questionable, but benefiting from this new privilege, has several drawbacks such as: inaccurate determination of executive authority, ambiguity in the concept of "holder", lack of compliance certificate The signature by the bank is the possibility of bringing the executor against without substantive proceedings, the impossibility of claiming compensation for delay in payment even if a legal condition is included in the check and a summary such as the "check amount deficit" clause, which is exceptional and may not be interpreted. Extensive has caused ambiguities in the adoption of this new strategy. In this article, in addition to the legal analysis of the mentioned article and the review of the elements of executive issuance, an attempt has been made to give a clear answer to the various ambiguities.

Enforceable documents are designed to reduce the volume of court cases. The purpose of this study is to investigate the implementation of binding documents in the framework of formalism and pluralism of law.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

considering that notaries and marriage and divorce offices are one of the legal authorities in preparing official documents in relation to property, obligations and contracts of individuals, On the other hand, it is possible to implement the provisions and their meanings without referring to the courts, they can play an improving role in line with this goal.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The prevalence of postmodernism in societies has complicated the relations between the subjects of law, and as a result, the legislator cannot design and pass regulations based on the traditional order and division of legal titles and concepts.

The citation of constitutional principles in judgments of the courts is one of the issues related to the evidence of the verdict. It is obvious to cite the principles of the constitution in the constitutional courts, but in ordinary courts, i.e. criminal, legal and administrative courts, not all the principles of the constitution can be cited, and only some of the principles can be invoked. The inviolability of a country's constitutional principles in court rulings depends on the type of system of compliance of the statutes of parliament with the constitution, the extent of the constitutional principles, the substantive and formal principles contained in the constitutions, and the training and morale of judges in invoking constitutional principles. Due to the different effects of these factors from one country to another, the amount of citation to the principles of the constitution in the courts of different countries is not the same and is different. In Iran, due to the non-acceptance of judicial supervision in accordance with ordinary laws and the Constitution, most cases of citation to the Constitution in court rulings are related to principles such as Articles 37 and 49 that the Constitution in order to constitutionalize rights and other reasons, accepts citable principles.

With the end of World War II, a new era began in the lives of nations and governments. Developments in international relations have been influenced by new factors and data, including the role of multinational corporations. Multinational companies operated in order to expand their activities in the world and invest in the industrial hubs of developing countries and use the facilities of such countries. Economic strength and high competition between companies and flexibility with domestic regulations as well as the ability to influence the sovereignty of countries and domestic regulations are the hallmarks of these companies. In addition, due to the activities of these companies in two or more different countries, the main subject of the lawsuits filed against these companies is the conflict of laws of the countries where the company's residence or property is located. Because litigation requires the determination of the competent court, before the conflict of laws, there is a conflict of courts or a conflict of jurisdiction, which must be resolved within the framework of legal provisions. Another point is that in some cases, the problem of conflict of laws and courts has been resolved to some extent, but due to the inconsistency of domestic laws in some other cases, this problem remains unresolved, which must inevitably seek a solution in contract law. . In this study, an attempt has been made to examine multinational companies from the perspective of Iranian law as well as the issue of conflict of laws and courts.

Today, legislative, executive, and judicial functions have apparently proved to embodied in international legal system, and among these essential tripartite functions, the judicial system has been greatly developed in particular in recent decades. Despite the fact that the increasing number of adjudicative tribunals have led to the fragmentation of international law, it demonstrates judicialization in the broader context of legalism in the aftermath of the World Wars. Moreover, functional transition has been firmly attached to the plurality of tribunals and courts beyond their formal jurisdiction. Notwithstanding, as the international adjudication is based on the consent of States, nowadays, adjudicative forums have actively proved to be international multifunctional actors, contributing to international law, whether in their formal role (i.e., enforcement, administrative, constitutional review, and dispute settlement) or in the material role (i.e., the production of legal knowledge, creation of legal rules, formation and establishment of norm expectations, and strengthening the international rule of law and justice).constitutional review, and dispute settlement) and the material role (the production of legal knowledge, creation of legal rules, formation and establishment of norm expectations, and strengthening the international rule of law and justice).

Due to the transformation, development and progress achieved in this era, the proof of some issues has become very complicated and their diagnosis requires special knowledge and expertise, which will clarify the truth of the issue by providing technical and specialized information. The purpose of this article is to examine the opinions of expert experts in judicial courts in Imami jurisprudence. This is a descriptive and analytical article and has investigated the mentioned question by using the library method. The findings indicate that the expert's opinion is the point of view of an expert and professional person, which the judge uses as a useful tool to resolve legal and criminal cases. The mentioned opinion is not specific to the current law and has been of interest to jurists for a long time in jurisprudence texts under the title of expert opinion. In Islamic law, the opinion of experts is widely considered and in various chapters of jurisprudence, the opinion of experts is widely cited and numerous examples of specialized issues in which it is necessary to refer to experts have been presented. The expert's theory is considered one of the main pillars of the proceedings when it is the basis for issuing a verdict. For this reason, the expert must have certain qualifications and in order to conduct the expert, certain regulations and formalities must be observed by the court and the expert so that the theory of the expert is valid.

Comparative Administrative law is a difficult subject. It is necessary to steer a course between the assumption that all systems are singular, shaped by a plethora of distinctive features that are never replicated elsewhere; and the equally extreme assumption that differences are merely on the surface, such that if propositions are stated at a sufficiently abstract level, then there will be commonality between all systems. The ascription of cause and effect when considering the rationale for differences is equally challenging, and is the principal focus of this review article, which considers the strengths and weaknesses of a structural explanation for divergence in administrative law in different countries.Study of comparative administrative law reveals commonality and difference between the systems studied. That is axiomatic and self-evident. The depth of the resulting similarities and divergences may be difficult to estimate, the explanation for them even more so.

Repentance is recognized as one of the most important mechanisms that has a very significant effect on non-prosecution and non-inclusion of the sentence or execution of the sentence in the Criminal Procedure Code of 1392 and the Islamic Penal Code of 1392. The prediction of this very important institution, in line Providing goals for the correction of offenders as well as the punishment of defendants whose remorse has been proven can have significant functions. According to the findings of this study, the legislator, by separating the role of repentance in various crimes in Articles 114 and 115 of the said law, has accepted the effect of repentance on the fall of fines and penalties, but the manner and quality of repentance and repentance and that It is not clear which of the judicial authorities, whether the prosecutor's office or the court, has jurisdiction to hear repentance. Because it seems to be far from the requirements of this institution and the approach of the legislator, even in general, but the acceptance of this divergence is not practical. The issues that can be proposed and align the judicial approach with the basic jurisprudential demands of the legislator.

Establishing courts in territories under domination of non-state armed groups is one of the first actions of that groups for making order and law in that places to trial opposition soldiers, civilians and their own members. In this paper, it is tried to examine the legality of this kind of courts in International Humanitarian Law, International Human Rights Law and International Criminal Law. Some of the necessary requirements for legality of these courts are impartiality, independence, judicial guarantees of civilized nations, enjoyment of experienced judges, etc. In a Swedish court, the criminal responsibility of a person was raised for murdering several people in Syria on the basis of a verdict issued by courts held by non-state armed groups. The Swedish court, however, denied the legitimacy of the verdict issued by such courts.

Conflict of interests refers to a situation where a person is in a position that can choose between personal and public interests. Discrediting the benefits of direct influence is not without the judge's mental independence, lack of transparency, undermining the legitimacy of the judicial system. Therefore, the issue of conflict of interests is to one The main strategies of policy making and change have become.This article, after introducing the conflict of interests in the judicial system, evaluates the legal system of Iran in terms of global standards in this field. The findings of the article show that despite the fact that the legislator in Iran He recognized the importance of the issue of conflict of interests and tried to some extent prevent it In some cases, the rules of conflict of interest rules have not been taken into account and the judiciary has been subject to conflict of interests. Some legal systems in this area have more coherent rules and procedures that can be modeled and modified by the rules for the elimination of conflicts of interest Such as the disappearance of golden signatures,asset declarations are among the solutions that can be used to prevent and manage conflicts of interest.