جستجوی مقالات مرتبط با کلیدواژه « Iran’s Constitution » در نشریات گروه « علوم انسانی »

Article 4 of the Constitution approved in 2003 of the Muslim country of Afghanistan considers the national sovereignty to belong to the nation, while in the Iranian Constitution Article 56, the absolute sovereignty over the world and human beings belongs to God.  Also, based on some Qur'anic documents such as verse 57 of Surah An'am and verse 40 of Surah Yusuf, which says "An al-Hikam illa Allah", the absolute sovereignty belongs only to God.  On the other hand, based on the assumption of divine sovereignty in the Afghan constitution with the help of other articles, there is no executive guarantee for this issue.  According to the philosophy of law in the West, the arche of the sovereignty in Afghanistan is the people, or based on the mustache, the Iranian constitution, the verses of the Quran and with the help of the other articles of the Afghan constitution, it can be said that the arche of the sovereignty is the Almighty God, and if this is what the constitutional legislators meant, why There is no executive guarantee like what is provided in the second principle of the amendment to the constitutional law and its predecessors in Iran in the Afghan constitution? This research has answered this fundamental question about the origin of sovereignty in Afghanistan's constitution with descriptive and analytical research methods and with the help of library tools.  Finally, it can be said that sovereignty in Iran is divine and according to the various principles of the constitution, it is from God,  but the origin of sovereignty in the Afghan constitution cannot be called divine.

It is impossible to legislate for every feasible situation. Therefore, in all legal systems there are silences and gaps, issues and matters as to which it seems to regulate. This is also true of the Iran’s legal system, and perhaps particularly true of the international legal system due to the slow legislative process and its normative and institutional weaknesses. This paper provides an analytical framework to develop a comprehensive understanding of non liquet in both systems, with an emphasis on the range of possible solutions. The author is of the opinion that, rather than being a complicated issue, non liquet and its solutions which have significant consequences for any legal system, goes back to the very heart of our understanding of that legal system.In Iranian legal system which is based on Islamic jurisprudence (figh), the Islamic Consultative Assembly (the legislator) has not only enacted general principles and rules in order to fill gaps in the system, but also on the adoption of reference to authoritative Islamic sources or authentic fatawa and legal principles that are not contrary to the Shari’ah, the judge has to deliver his judgment and settle disputes based on sources other than the law. But in the international legal system, it is necessary to distinguish between two issues. The International Court of Justice cannot refrain from delivering judgments in contentious cases. By resorting to the source-based (general principles of laws, equity, Martens Clause and the residual principle), or method-based approach (analogy, a contrario reasoning) the ICJ can take steps to avoid non liquet. However, in advisory proceedings, it is possible to face non liquet without being necessary to fill it. As a result, the court shall not be held to be in denial of justice and convicted, even by making a non liquet declaration to the effect that the law is non-existent or unclear on a particular issue.

The content of the Constitution of the Islamic Republic of Iran can be considered based on two types of gender discrimination against women, which can be analyzed in two ways: positive and negative. Women have the same rights as men in the field of administrative and labor law, and it is emphasized in the Constitution. Article 21 of the Constitution, targets women's rights and obliged the government to guarantee women's rights in all aspects by observing Islamic standards. However, the requirement to comply with Islamic standards caused the   word political man to be associated with a gendered interpretation in the interpretation of Article 115 of Constitution, without necessarily having such an intention on the part of the legislator. The interpretation of Iran's Guardian Council in 2015  also did not help to solve this problem in favor of women's rights and to achieve equal political rights with men, and this discrimination remains in effect. The research method of this article is qualitative with a descriptive analytical approach and gathering information from articles, books and internet sites. The result is that because the majority of men dominate the administrative affairs, the interpretation of the Guardian Council has led to discrimination against women in practice and unintentionally, and although positive discrimination in favor of women is included in the Iranian  Constitution, but in the practice of interpretation of this Council; its effect has overshadowed and led to negative discrimination against women

The purpose of the present study is to explain economic security and its place in the constitution of the Islamic Republic of Iran. In this regard, the main research question is: What is the place of economic security mechanisms in the constitution of the Islamic Republic of Iran? The method of study is descriptive-analytic and the results showed that economic and security mechanisms in the constitution of the Islamic Republic of Iran are quite compatible with modern frameworks and regulations of economic security that indicates the legislator’s awareness of the features of an Islamic model society as it has explicitly referred to the economic security and its indicators through various principles. The most important principle in the constitution referring to economic security is the article 43 of the constitution.

Principles number 40 & 41 of the Constitution are devoted to “Nationality”. This matter, apart from indicating the importance and the status of nationality institution, represents the necessity of studying this subject in the field of basic rights as well as the effect of these two principles on ordinary rules concerning the title. However, unfortunately, such a thing has been ignored and neglected by the legislators, expositors of the constitution, and authors of books on basic rights. This matter necessitates the rereading of the two mentioned principles so that ambiguous, or at least implicit, expressions of these two principles can be clarified. On the other hand, by explaining the relationship of these two principles to ordinary rules, specifically, paragraph 2 of article 976 of Civil Law, the necessity of changing and modifying the mentioned paragraph can be clarified by a legislator, and as a result, it can be proved that children born by Iranian mothers are Iranian according to the constitution. Obviously, to achieve this purpose, this article has mostly benefited from the analytical method due to the lack of history of the issue.

The Constitution of the Islamic Republic of Iran is based on the economic objectives of achieving society's economic independence, uprooting poverty and deprivation, providing the essential needs, achieving full employment, taking the country to a stage of self-sufficiency and providing the circumstances and opportunities for development of private and cooperative sectors. The present article has an attempt by purpose of measuring Iran's five-year development plans in achieving to the economic objectives of the Iran's constitution as well as the goals of Islamic economic theory. For this aim, the paper has been to evaluate and to analyze the policies, goals and the achieved resulting for the five-year development plans by the indicators as economic independence & welfare, economic justice & income distribution, government size, labor market and employment situation and infrastructure development. The results of the calculating the composite index for Five-year Development Plans indicate that the third development plan has the better performance in achieving to the Constitution’s Economic objectives. Also the fourth, first, fifth and second development plans & imposed war period have been to seeing in the next ranking respectively.

Freedom of association and political party activities in international human rights documents and constitutions of most countries is a right that guaranteed to all citizens. Iran's constitution recognized this right to all citizens but with the criterion of Articles 9 and 26, puts obligations on them. Thus, according to these principles can be said, the independence, freedom, national unity, Islamic standards and the Islamic Republic Foundation, as restrictions on the formation and activities of political parties, have been justified in terms of constitution and they can be looking at international documents that have been recognized as limitations justified such as public order, the rights and freedoms of others, etc.

According to Article 50 of the Islamic Republic of Iran’s Constitution, protection of the environment is a public duty. However, despite that legal stipulation, situation of environment in Iran is very grave. According to Environmental Performance Index report of 2006, Iran’s index was 70 making the country rank 53 among 133 countries. In 2008, Iran’s index went down 10 grades to 60 with the country ranking 78.Such official figures show that major environmental players in Iran, including ordinary people, academics, economic corporations, and most importantly, the government, have been unsuccessful in their effort to protect the environment and prevent its destruction and contamination. One of the most important problems and obstacles on the way of environmental protection in Iran is lack of awareness among all social classes of the Iranian society. According to economic, social and cultural development plan laws, the government has been obligated to bolster necessary mechanisms for the promotion of public and specialistic education on environment. The present research tries to show role and performance of education in protecting the environment and Iran’s approach to institutionalizing such education.