جستجوی مقالات مرتبط با کلیدواژه « حکمرانی خوب » در نشریات گروه « فقه و حقوق »

The concept of collective responsibility, like personal responsibility and joint responsibility, in most fields refers to both the causal responsibility of moral agents for global harms and the reaction shown against these harms. Therefore, it can be said that collective responsibility has moral propositions in a way. Because this notion of collective responsibility posits groups, as distinct from their individual members, as moral agents,. The view of methodological individualism challenges the possibility of associating moral agency with groups as separate from their individual members, and in the view of normative individualism collective responsibility violates the principles of individual responsibility and fairness. In response to these challenges, proponents of collective responsibility attempted to demonstrate that collective responsibility, as well as group intentions and collective action, is possible. One of the biggest issues that requires joint and collective action of governments is the issue of health and hygiene. The World Health Organization has crystallized as a symbol of governments' will to solve health challenges collectively. On this basis, the member countries of the World Health Organization are committed to cooperate with each other in solving international issues that have economic and humanitarian aspects so that all nations can benefit from human rights and basic freedoms without discrimination. Therefore, based on the collective responsibility of the member states of the World Health Organization, taking joint measures in the field of fighting diseases and improving the level of health is one of the duties of the member states.

Although there are some serious controversies about governance quality, it is one of the most fundamental needs of human community that its necessity is not deniable. Nevertheless, original concern of all theorists is exercise of justice and prevention of despotism and dictatorship in every country’s Constitution, besides defining basic principles, structure, hierarchy, position and limits of state political authority, it determines dictatorship citizens rights and regulates power relations. Undoutedly, good governance is the most fundamental principle in defining and drawing basic rights. Good governance is a new discourse which is defined by factors such as rule of law, participation, responsibility, accountability, transparency, efficiency and effectiveness. In recent years, good governance has been paid attention so much. Good governance factors imply for which its exercise is needed to implement based on a national model. Research findings represent that each of good governance factors have been emphasized in Iranian Constitution a lot. To implement these factors, we have dealt with intensity of these indicators after Iran Revolution.This study is trying to clarify good governance concept and factors and also take such factor into consideration in the Iranian Constitution. At the end, to promote good governance in Iran, some recommendations have been expressed. The research method is the content analysis method and the data and information have been collected through library and document studies.

The principle of transparency is considered as one of the basic principles and elements of good governance. According to this principle, governments are required to abandon confidentiality and make decision-making processes available to all citizens. In this regard, especially institutions such as legislatures and local councils have a special priority to adhere to the principle of transparency. Islamic councils in Iran are considered as one of the important elements of the governing system and through these institutions, local people can be influential in some local affairs. The question is, to what extent do Islamic councils, as an example of a system of governance, act transparently in their decision- making process? Examination of the laws and regulations related to Islamic councils shows that in some cases the principle of transparency has not been observed, such as the lack of prior publication of the regulatory program or the lack of obligation to publish regular detailed discussions of councils. The present research has been done by descriptive and analytical methods.

This research has been done to investigate the legitimacy and evolution process of the concept of government legitimacy by regional unions. Since the most obvious component of legitimacy is respect for human rights, on this basis, the government is evaluated based on the rights, discipline and security that it establishes for the people and by the people. So, nowadays the governments stablished based on illegal ways like coups, aggressions and ethnic and racial discrimination are facing the crisis of legitimacy to public opinion. Especially by formation of regional unions, the components of national legitimacy of governments have evolved.In order to carry out the research, the following question is raised: how have the components of national legitimacy of the government evolved in the procedure of regional unions and what impact has it had on modern international law? To answer this question the research method is comparative-descriptive and library-based. The result shows that not only the effective control of a government is not considered the basis of national legitimacy, but also democratic methods and tools in reaching power as well as the ability of national governments to establish stability in society based on respect for human rights and basic freedoms of citizens in the procedure of regional unions has been identified

Although development in the contemporary century is a simple and comprehensive concept, theoretically, has different economic, social, cultural dimensions. The question is which of these dimensions are more related to public law and what are the components of this relationship? Governance is at the heart of public law and the center of political development simultaneously. Governance is a step-by-step issue that begins with the issue of the legitimacy of the political unit as the first common point of public law and development and continues to other principles of good governance. The crisis of legitimacy itself is one of the development strategies and public law helps to solve it through its instruments so a country gets the necessary stability to achieve other dimensions of development. In the next step, the concept of good governance is introduced as another common goal. The principles of good governance are not only political goal of development buy also they are legal principles at the same time, and the more the governance of a country has these principles, the richer the public law in that country is, and such a country has political development. What this study shows is that good governance is not only a presumption to economic and social development, but also It is a developmental goal that public law paves the way for through its tools.

Open government, as a government based on the right to know, has positive functions in interacting with citizens, and it affects the acceptability of the government and its actions. Open government data has recently attracted a lot of attention as a tool to innovate, add value and improve outcomes in various sectors, public and private. Although some of the benefits of open government plans have been evaluated in the past, especially in terms of economic efficiency and the like, its evaluation in the field of law and politics, emphasizing the application of open government policy to manage the Covid-19 pandemic, has been less observed. The main challenge of the current research was to investigate the role of open government in the management of the Covid-19 epidemic in comparison with the policies implemented by the Iranian government. It was found that Iran's laws in the field of separation of publishable and non-publishable information, the need to publish all information, except in exceptional cases, and the methods of monitoring and complaining in cases of non-publishing of information are faced with fundamental weaknesses. In general, the indicators of open government, such as transparency and trust, have fundamental weaknesses, and the lack of timely and effective provision of information and reasons for decisions led to the poor management of the Covid-19 pandemic.

The purpose of the present study is to evaluate the feasibility of gender-responsive budgeting in the public law of Iran. The budget is not gender-neutral naturally; Therefore, it affects women and men differently. By gender-based budgeting, women's share of the public revenue and, consequently, their opportunity for public participation assesses and provided to the government as a tool to achieve gender equality and fill the gender gap. Gender-responsive budgeting evaluates the impact of budget items, and indeed government policies and programs, on women compared to men. The research method is dogmatic with a comparative approach. In this way gender-responsive budgeting introduces as a method of budget analysis, its context, and tool of implementation in the legal system of Iran examines. Results prove the existence of a precondition of gender-responsive budgeting, formal recognition of gender equality. Therefore, if the government has the political will to protect gender equality, it can use the existing capacities, the other countries' experiences, and the recommendations of international institutions to implement gender-responsive budgeting and attach it to the annual general budget Act. Two main capacities are the Vice President for Women and Family Affairs and Annex No. 4 of the recent Budget Law (Function-Based Budgeting).

The generalization of transparency as one of the indicators of good governance in all aspects of governance is the essential need of governments. Transparency in the process of holding elections is definitely one of the ways to navigate this path. Based on this, the measurement of transparency in elections can include election candidates on one hand and election observers and administrators on the other hand. Examining the principle of transparency in connection with election candidates can monitor the conditions of being elected, records and positions, implementation plans, property and assets, advertising expenses and election promises. This article proved in a descriptive-analytical way that the laws and regulations of the presidential election did not foresee any mechanism related to clarifying the properties and assets, advertising expenses and electoral promises of the presidential candidates. It is necessary to take into account the mentioned legal loopholes, the Islamic Council, based on the capacity of clauses "4", "5" and "8" of general election policies, should legislate in the aforementioned areas.

Oil, as an economic and strategic commodity, has played an effective and decisive role in the political and economic destiny of the country and its people since the past and because these resources belong to the people, and on the other hand, its management is the responsibility of the government according to the law, entrusted to act according to the interests the people. In order to realize this, it is necessary to comply with the principles and requirements that the theory of enforcement to public rights in Anfal and public wealth in oil and gas sector tries to explain the necessity and manner of realizing these rights and the obstacles to their realization by respecting the property rights of the people. In the regard, the management of exploration, optimal production, the manner and quantity of supply, the income from exports and the manner of spending it are of particular importance. One of the positive and influential factors for the realization of public rights is the key role of the government in implementing good governance and regulation in order to restore and protect these rights, and the effective and reciprocal role of the people in this regard, and the negative factors are the weakness of laws and inefficiency, Management officials pointed out. The main questions raised in this article are: What is the performance of the responsible party to realize peoples, rights in oil and gas natural resources? Are there practical measures and serious determination to solve the problems in the industry and remove the obstacles to the realization of peoples right in natural resources of oil and gas? The evaluation of the performance of officials and law in a descriptive and analytical way has been examined in this article.

Modern governments always consider themselves agents of public will and protectors of public interests and goals. Public opinion also measures governments based on their attention to public goals. One of the general goals of governments in the field of achieving good governance is to develop infrastructure and increase public welfare, and in this field, most governments try to achieve more success in this field by attracting foreign investment.

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.

Due to the long-term nature of the investment contracts and the period of its exploitation, there may be changes in public opinion, fundamental changes in the structure of governments, revolutions may cause a change in attitude towards public goals and expropriation, confiscation and nationalization of the investor's property.

Ethical Considerations: 

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

In this regard, there are many issues, one of the most important of which is the role of good governance in determining the legitimacy or not of expropriation in line with public goals. As a result of the investigation, it will be clear that today the principles of good governance have become one of the incentives influencing the continuation of foreign investment.

Due to the importance of good governance components in the health sector, the purpose of this study is to identify and prioritize the components of good governance in Khorasan Razavi University of Medical Sciences from the perspective of experts. The present study is in the field of applied research in terms of purpose and in the field of quantitative and survey research in terms of data collection. In this study, the indicators of good governance of the World Bank, namely transparency, accountability, corruption control, participation, quality of regulations, and the effectiveness of maps and tasks were extracted. Also, the indicators of the standard questionnaire of Moradian et al. (2013), the indicators of the proposed program of the Minister to be presented to the parliament (2015), and the national document of the health sector in the fourth development plan were used in this field. The required data were collected through a questionnaire that was distributed among 15 experts. Finally, the Analytic Network Process (ANP) method was used to perform the analyzes and the DEMATEL method and Super-Decision Software were used to determine the weight, importance of factors, prioritization of indicators, and the effectiveness and efficiency of the indicators. The results showed that the components of transparency with a weight of 0.312 won the first rank, accountability with a weight of 0.189 with a weight of 0.172, and the rank of corruption with a weight of 0.172 was ranked third among the components of good governance in the health sector. Also, the components of transparency, accountability, quality of regulations, and control of corruption are more effective than their effectiveness. Identifying and prioritizing the components of good governance and applying them at the level of health and treatment can help governments to achieve social justice and create equal opportunities and improve the level of indicators such as health.

The components governing the efficiency of the criminal policy system in the management of crime prevention play a decisive role in the fate of the policy system due to their scope of influence. Therefore, the purpose of this research is to explain the governing components of the efficiency of the criminal policy system in the management of crime prevention.

The current research is applied in terms of purpose and descriptive-analytical in terms of the type of research, which was collected and analyzed by using library resources and examining a wide range of documents and procedures and other research works.

the use of a macro approach in the analysis of the crime phenomenon, a systemic approach in criminal policymaking, rationality in criminal policymaking including (elite participation in the policymaking process, proportionality of goals and methods, dynamism and creativity based on foresight) and Policymaking based on good governance indicators is one of the findings of this research.

By formulating and optimally implementing rational policies effective in reducing delinquency, accurate and systematic evaluation and analysis of the results of policy formulation in the field of practice and improving the efficiency of preventive policies and strategies in the shadow of the operationalization of the obtained components In this research, the main goals of the criminal policy system in the management of crime prevention can be achieved.

 Effective and desirable participatory prevention is a fundamental issue and its implementation in practice is one of the most important concerns that governments pursue. Accuracy in the components and principles of optimal participatory prevention policies leads us to the concept and components of good governance doctrines, therefore, in this article, the presentation of collaborative prevention strategies with a non-criminal approach in the light of the components of good governance is discussed.

 The present research is done in a descriptive and analytical way.

  The findings of the research indicate that the principle of respecting human rights, the principle of respecting the privacy of individuals, the principle of preventive national policy and the principle of preventive public participation, the principles of good governance are included in non-criminal participatory prevention and reporting crimes and suspicious cases, involving victims in reducing crime statistics, equipping the media in the direction of collaborative prevention, collaborative police prevention, and collaborative clinical prevention are among the effects of collaborative criminal prevention in the light of good governance.

 The more components and principles of good governance are used in a more concerned manner, we are witnessing positive developments in the field of participatory prevention, therefore, both in terms of basis (theoretical and theoretical) and practical and practical. It is possible to establish a relationship between the standards of the components and the principles of good governance and participatory prevention and as a result, good governance by providing legal tools and mechanisms creates a framework in which experience-based participatory prevention policies can flourish.

In the last ten years, we have had about one hundred and seventy thousand dead and more than three million injured in traffic accidents. The complexity and numerous factors involved in the traffic accidents have caused the government to make effort to control the factors affecting traffic accidents by creating regulatory institutions. One of the most substantial institutions which was established is the Road Safety Commission of the country. Despite the existence of significant goals and tasks in the regulations set for the Road Safety Commission, the desired performance results for this institution have not been achieved so far. Therefore, questioning about how these institutions were established, how they operate and also their enactments and decisions from the rule of law perspective can represent a key question in explaining the current situation. In present article, according to the indicators of the rule of law, the way of establishment and legal status of the Road Safety Commission are investigated, as well as the degree of compliance with the indicators of the rule of law in the performance and decisions determined in the Commission. The present study demonstrates that despite the emphasis on the rule of law, none of the formal and substantive principles of the rule of law are properly observed in the establishment and ongoing processes of the Road Safety Commission. Therefore, part of the problem of traffic accidents can be found in the improper functioning of regulatory institutions from the perspective of the rule of law.

The role and responsibility of the government have changed comparing to the past, and the role of citizens within a favorable administrative system has formed the key components of modern governance. It is necessary to establish the desired governance system and a competent government according to new norms, such as the general principles of administrative law and guaranteeing and protecting citizens' rights through supervisory mechanisms, as well as creating a platform for citizens to play an active role in governing the country. Various challenges such as lack of transparency, lack of accountability, lack of rule of law, lack of access to information, politicization, mismanagement, etc., can be considered the most prominent challenges of the Iranian administrative system that must get identified and addressed in the light of good governance indicators. The most prominent issue in this study is the answer to this question: from the perspective of good governance, what challenges does the Iranian administrative law system face in the field of civil rights? For this purpose, in the first stage, to extract the concepts and components of civil rights and good governance, the method of content analysis and grounded theory have been used. In the next step, the Delphi method has been used and the designed model has been evaluated and reviewed by experts. Finally, the expert survey method has been applied. The statistical population of this study is 40 people. The results indicate that absconding the law, lack of familiarity or low level of awareness of citizens with their rights within the framework of the Charter of Citizenship Rights, ineffective guarantee of implementation of laws in the field of civil rights, distrusting the administrative system on the part of citizens, and government irresponsibility are the most prominent challenges in the Iranian administrative system in light of good governance.

The idea of good governance has been raised as one of the most challenging topics in recent decades in the international arena, for this reason, this article, with a descriptive-analytical approach, discusses and examines the capacities of the constitution in realizing good governance with an emphasis on supervision, and the result The discussion shows that: the element of supervision is an integral part of any good government and therefore it is necessary to look at the realization of the idea of good governance from the perspective of this important and fundamental element. In our country, sufficient attention has been paid to the monitoring system, and mechanisms for the better efficiency of this system have been embedded in the laws.However, although the components of the idea of good governance in the legal system of Iran have been noticed, this idea in its true sense as defined by its designers does not flow in our country, and it is necessary to explore and exploit this important category in the legal system. Setting and policy making and implementation of the matter benefited enough..

The good governance is of new subjects attracting the attention of international scientific gatherings in the past two recent decades. Researchers have explained about good governance, regarding political, economical and social dimensions, and economic, political and social stable developing aims. But due to complexity of the subject of governance, there is the necessity to formulate widespread attentions, and instead of presenting various lists and indexes of the characteristics of good governance, to plan the models expressing different aspects of this multi-dimensional phenomenon. Extensive research has been done in this regard, but what is expressed is that the pattern of good governance is developing in proportion to the state conditions of the countries (including political, cultural and religious factors). With a qualitative approach using grounded theory, this research attempts to investigate good governance hallmarks, according to Imam Ali’s (Greetings upon him) views, in the forms as presented in the discourses and letters in authoritative Nahj Al Balagha, as an Islamic and religious reference, and then by presenting new model in this regard, compare it with common good governance models. Hence the text of Nahj-al Balaghe was analyzed in three different phases including open coding, axial coding and selective coding. The results showed that the scholarly behavior, as an axial phenomenon and in interaction with other factors, creates the Good governance model from the viewpoint of Imam Ali (Greetings upon him) (Consequences). The way of interactions between these factors is shown in the final model in the research. Finally, the presented model is compared with common models of good governance

The controversy among jurists in the way a car purchase is registered and the lack of a clear and unambiguous law created a challenge for the Juristic and Executive system of the country. The Juristic system, earlier, defended registering car purchases in official notary publics. However, now, in many cases it contradicts previous arguments by believing that changing the car plate and issuing the "green paper" license is enough. In this regard, the consultations and votes issued in courts and general assemblies often supported the necessity of registering official notary publics. Nonetheless, some provincial prosecuting attorneys and the Prosecutor-General of the country believe that changing the car plate and issuing the "green paper" license is enough and have issued orders and circulars to protect the public rights. In this research, using a descriptive-analytical method and studying the law, regulations and necessary documents, we are trying to answer the questions: How registering (or not registering) a car purchase in official notary publics can save and revive the public rights? As well as: What is the role of prosecuting attorneys in protecting the public rights? Can changing the car plate and issuing the "green paper" license alone serve as an official document and represent the transmission of ownership? Finally, after different discussions we concluded that the prosecutor, in support of public rights, cannot order that changing the car plate is enough instead of officially registering the purchase.