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

Transparency is considered as one of the most important elements of good governance theory. Good governance, according to modern principles of administrative law, requires quick and easy access of citizens to information available to public institutions. People and social institutions should be fully aware of the process of governing the country's affairs and the laws and information available in each area. Lack of transparency is one of the main factors in not controlling corruption and increasing administrative and financial corruption in countries. Which is published annually by Transparency International according to the relevant indicators and its report, so it is necessary to create a free media and information space, provide the basis for transparent operation of the governing bodies, including the important institution of parliament and the legislature. It has to do with the fact that in the Iranian legal system, in relation to transparency in the legislative process, only some issues such as publicity of legislation, publication of laws and information of stakeholders (public awareness), and public access to laws as a right have been addressed, while in addition In addition to the above, the realization of transparency in the legislative system of the country requires "the formulation and implementation of rules of conduct and the implementation of conditional transparency of votes" as well as "the realization of transparency in order to repeal the laws."

Achievements of different knowledge such as criminology and penology and also use of answering experiences to criminals show that equivalent giving response and answering to crimes perpetrators, were inefficient and that lead to stabilizing crimes of juvenile offender. In the meantime, documents and international regulations of human rights also with emphasis on different components are still in search for blockage of cycle of becoming a habit of delinquent of this category of citizens. The bests interests of juvenile offender, that as a strategic and fundamental principle was important for system of criminal policy of united nations, and considered as an index so that internal criminal policymakers of countries by that can make decision about choosing methods for removal and stop of relationship of children and teens with criminal process for ever and can be provided as a goal. Criminal justice system of Iran also by these changes in 1392 and by following from paragraph 1 of article 3 of convention on the rights of the children tried to respect to this principle and, in the light of readings of it, in two levels of giving answer and answering as that is possible select a cohesive policy and that to what extent it was successful, is a subject that this writing will consider it. Because it seems that on one hand legislator seek to respect to the bests interests of juvenile in punishable crimes and on the other hand, try to respect to laws, limits and retaliation, that in this way faced with significant duality.

One of the issues raised about those sentenced to death is the issue of execution through organ transfer. In this way, the life of the convicted person is ended by dismembering the transferable organs of body. In this article, the mentioned issue has been studied from two perspectives. First, what necessaries must be observed by the legislature if it intends to issue a legal permit for execution through the transfer of an organ and What issues should be clarified? Therefore, determining the nature of the transfer[1], voluntariness, determining the boundaries of recipients and beneficiaries, the condition of execution, regulatory mechanisms and how to reprimand breaches of legal obligation, are discussed under the legislative requirements. In the second part, the human rights considerations of "execution through donation" are examined under the headings of respect for human dignity, the issue of commercialization, discrimination, condition of age and the issue of citizenship. According to the findings of this paper, due to the high probability of deviation of the execution process through organ donation or sale, the legislator or judges must strongly avoid this issue. In case of non-acceptance of this opinion, it is necessary to pay attention to the requirements examined in this article and to have a strict and multi-layered supervision over their proper implementation and application.

With the advances which occurred in the different aspects of life and emergence of the conditions that did not exist at the time of the proclamation of religion, it is felt that there is an increasing need for legislation. In the Age of Occultation and with the closure of the doors of religious science, making laws, acquiring knowledge of religion and establishing shar‟i injunctions relating to novelties have been entrusted to religious jurists. Likewise, now that a Shiite Islamic government has come to existence after many years, there is a greater need to enforce laws laid down by Islamic law and formulate laws on the newly-raised issues by religious jurists. The main question raised by this research is about how to establish interaction between law and Sharia. The author expounds this question, using an analytical and descriptive method. Due to the importance of making a special law for the Islamic State, fiqh and law scholars have decided to solve the problem of the legality of the laws approved by the jurists of the Guardian Council by examining their compatibility with Sharia. The findings of the study can be summarized as follows: a. due to the extensive range of the issues of the day and the need to adopt new laws, the laws which are adopted after Ijtihad-based examination, have to be in accord with the religion of Islam. For this reason, the religious jurists of the Guardian Council sometimes find that the laws which the Islamic Consultative Assembly sends to them for approval are not in accord with Sharia and so they return them to the Islamic Consultative Assembly for remedying defects in them; b. some laws are no longer effective and there is a need to enact newer laws; and c. on inquiry, some laws are found incompatible with Islam and they have to be set right.

Amnesty is one of the causes of the fall or punishment of punishment, as well as the indulgence and affection for the convicted by the highest authority of the country or the legislative authority. Amnesty granted through the highest authority in the country is called amnesty and other general amnesty. Public amnestry is applied more often after the revolutions, political seizure, or as a result of adverse social events, or as a result of accidental events, or warfare and bloodshed. The crimes committed were the most common of those perturbations, and it created the specific environment, causes, and causes of the crime. The exceptional and critical situation raises the people's thoughts and spirits and people have a desire for peace and tranquility. Pursuit and escapes lead to the continuation of a critical situation, but ignoring many of the crimes committed in those circumstances and neglecting them, which is the general amnesty, can bring society back to normal in a better and faster way. The quality of amnesty was foreseen in the pre-revolutionary laws. But after the victory of the Islamic Revolution, it has been neglected in the penal code, and it can only be seen from the general interpretation of Article 71 of the Constitution of the Islamic Republic of Iran that the appearance of general amnesty in the jurisdiction of the Islamic Consultative Assembly.

The foundation of the contract have a considerable effect on the interpretation of the conditions of the validity of contract, their position in the contract and their impression in the iranian law .This research surveys the impacts of the contract foundations on essential conditions for the validity of contracts. Is the essential conditions for the validity of contracts a prepared pattern which is determined by legislator or divine sources and they must exist in all contracts, because in the view of legislator or divine sources, they are necessary. Or in the absence of these conditions, will of parties is broken and consideration is incomplete. Or essential conditions for validity of the contract are necessary for order in society and strong trades. We are going to answer to these research questions. The essential conditions for the validity of contracts may be based on individualism, or social necessity, or legalism, and or only divine will.

In each country, there is an institution or institutions set up for legislation. Considering the type of system of the Islamic Republic of Iran and its various objectives, there are different legislative institutions which have the right of legislation within different legal limits. Among these institutions are the Expediency Council, the Assembly of Experts, the Supreme National Security Council, the supreme councils and the Supreme Leader. But, the main, essential and primary task of legislation regarding most subjects is undertaken by the parliament. Taking into account the duties and responsibilities of these institutions, they have the right to legislate regarding certain issues determined by the constitution. The main difference between these institutions and the legislative power is in the main duty of legislation. Therefore, in some of these institutions actions are rarely taken on legislation. Among the effects which the legislation of these institutions bring to the system of administrative law is the necessity of observing the rules ratified by administrative authorities.

In accordance with the laws regulating the Islamic Republic of Iran's 1st-4th Development Programs along with 115th article under civil service management Act, the Legislator had partially authorized the Supreme Administrative Council to undertake certain decisions on its behalf. These included amendments to the formation of civil service organizations, encompassing mergers and dissolutions.However, the Council chose to enact laws which were in direct contradiction to the rules and regulations of the Guardian Council and the General Board of the Administrative Justice Court.This situation was made possible, partly due to ambiguous formulations of certain enacted laws, paving way for conflicting and wide ranging interpretations. Hence, the Legislator deemed it necessary to introduce amendments to these laws and in 2007, it undertook correcting actions, thereby reclaiming the authority to decide on merging and dissolving executive offices. In this manner, the division of power between the legislator and the executive bodies of the government were clearly delineated. Nevertheless, the Supreme Administrative Council continued to disregard these amendments, making decisions on mergers and dissolutions. Consequently, the Legislator amended article 53 to clearly state that strictly Parliament itself has the authority to decide on mergers, dissolutions, separations and formations of civil service organizations. It also clears the Supreme Administrative Council of any authority to make amendments outside and beyond this article.

The term “vice – president” has been employed in some articles of the Islamic Republic of Iran Constitution, especially in the article 129. This term that legally has a special meaning, implyes independence of vice – president from president in different aspects. We can see two kinds of deputyship in the excutive: In one hand, some organizations, for example, atomic energy organization, whose heads have beem defined as vice – president, have been constituted in the government body. On the other hand, some deputyships as parliamentary one, have been established with respect to the dignity of vice-president. This article discusses some conceptions of the concerned government organs about the term vice-president and consistency or inconsistency of these ones with correct legal concept of it. Finally, this article concludes that legislators could not respect worthily the correct meaning of the term of vice – president, which has been stipulated by a number of members of the council for revision of the constitution. Thus, their conception from that term is inconsistent with the correct legal concept.

The simile is one of the methods of thought expression. Its origin is on the knowledge of rhetoric. There are the structures and sorts of the literary simile in legal simile but the legislator has fostered it in own needs. This method has wide usage in the legislation. The important profit of this method is in brevity of law. It is occasionally used for regulation and justification of legal order. Knowing of this method help to better understanding of the law and make that the art of legislation is developed too. In this article the interdisciplinary study has done and examined the problems of it.

Human life faces massive developments and changes in the course of the time and these developments too, bring about new requirements in the arena of human knowledge and living, so this question is raised as to how a fixed religion is able to meet the various needs of different arena and generations. This issue which is called "connection between eternity and change" has drawn the attention of many contemporary theologian both Shiits and sunnis. Some of them believe that the solution is to make the religion experimental and make the Sharia customary. Based on their opinion such hermeneutic of the religion adds to its mobility and dynamism because it is constantly renewed and remained free from repetition and stagnancy like other intuitive perceptions.In view of the important and fundamental role of this issue for the religious thought of every Muslim in the modern world and particularly the legal propositions in the Islamic Sharia, the present article sets forth the related viewpoints and proper answers for them.