نشریه حقوق اساسی
پیاپی 29 (بهار و تابستان 1397)

Background and

Drugs play a pivotal role in the health care services. So many health care services and preventive measures rely on the drugs and patients consider the availability of the drugs as a quality indicator of the services provided, therefore, the policymakers should make sure that the policies are sustainable, strategic and targeted. Policymaking procedure, health status maintenance and promotion, manufacturing, importation, distribution and abidance by the ethics rules constitute the pillars of the public health. Manufacturing, importation, distribution, prescription, dispensing and the final consumption of the drugs by the patients reassure the public health maintenance. The importance and attention to the policy of the pharmaceutical system, with emphasis on ethical rules in the process of producing, distributing and consuming drugs by the patient, requires more careful attention of the legislators of the pharmaceutical system. So that it could be more appropriate to protect the health of the people and society against drug damage.

The budget is a plan and a breakdown of mid-term and long-term development plans for a fiscal year, so pathology and consideration of the legal challenges governing implementation and monitoring will provide guidelines for development planning in Iran. From the inevitable effects of the adoption of the budget law by the parliament, monitoring its implementation. The constitutions will focus their financial oversight on a specific basis. In the constitution of the Islamic Republic of Iran, under Article 55 of the Constitution, In the constitution of the Islamic Republic of Iran, under Article 55 of the Constitution, under the authority of the Ministry of Finance (before the Islamic Revolution), enters into the jurisdiction of the National Court of Auditors and out of all this type of monitoring, the budget report is prepared and announced. The balance between the legislature and the executive board requires that the issuing of a budget allocation for the government by the legislature be the applicant for the account, that is, the initiating government, so statutory laws put the annual performance bill in the center of the central balance of power in this matter. With the method of exploration, we are trying to answer this question. Has the preparation and presentation of the draft budget report from the Court of Auditors regarding the implementation of the fiscal year of 1395SH comply with legal procedures for the preparation and publication of this report? Analysis of the performance of the National Court of Auditors in 1395 SH, with an emphasis on budget Settlement, is apparently limited to one financial year, but the deliberation and pathology of the laws and regulations of the subject set a set of macro-strategies to the supervisory and implementing entity of development planning in Iran.

The preamble of the Constitution of Islamic republic of Iran contains many norms and provisions dealing fundamental rights and institutional law. We have tried to consider the judicial values of the preamble of the Constitution on“shoray-e negahban” that is the monitory organization in Islamic republic. In this study has been shown that lacking of law-language in content of the preamble of the constitution and emphasis of fonder congress on not being judicial values of preamble, and lacking of “shoray-e negahban’s” procedure, this document has not judicial values.

Separation of power seeks to centralize the power and calls for a balance between political power through monitoring and accountability. One of the most prominent philosophers of political philosophy, Carl Schmitt, founded his political philosophy on the basis of the ruling authority in the state of emergency and the necessity of maintaining the expediency of the political system. Schmitt's absolute authority is rooted in his divine political thought. This idea is in conflict with the notion of the rule of law and the separation of powers, and it is easy to condone such rights and freedoms under the rule of good governance. The constitution of the Islamic Republic of Iran, by prescribing the authority of the Velayat-e faqih as the ruler of the community under the teachings of Shi'i jurisprudence, regards him as the supreme legal and political authority of the system of fundamental rights of Iran, and has provided him with a foreground of the three Legislative, executive and judicial bodies. The authority and jurisdiction that the Wali Faqih has set for the public interest and the system has established works in the political sphere of Iran, some of whose figures are evident in the constitution.

Importance of meeting public needs require that, despite the privatization of public services, the government uses appropriate methods to impose their rule on this market aimed at safeguarding the public interest. The subject of this paper is to explore and explain the methods of applying the rule of private firms in charge of public services. According to the findings of this article, the most important and most comprehensive way to applying government rule is public policy making that primarily entails recognizing this issue as a public problem. After public policy making, company management by government in a mixed market and firm stock ownership of government in mixed firms (partial privatization), give government practical capacity to pursue public interest policies. Enforcement of competition law rules to ensuring competition in the public services market and preventing disruption of competition can also lead to improve efficiency. Sectional Regulatory of the market structure and the quality and price of services, especially in monopoly markets, could be equipped public services.

Each legal system, in addition to common points and similar areas with other legal systems, has its own values, different backgrounds, specific structures and norms. This could, among other things, arise from the historical-social context of the emergence of a political community or based on the ideological principles governing the society in question. Such elements have a significant impact on the accurate understanding of the basic rules of the system and its differentiation from other systems that sometimes disregarding them is misleading and leads to inaccurate understanding or an unjustified analysis and evaluation of a legal system. Therefore, the main question and central issue of this article is that the in "narrative of the constitution" which elements constitute the "fundamental" elements of the constitutional law of the Islamic Republic, in such a way that the removal of each one causes its substantive transformation. In this article, we examined the constitutional law of the Islamic Republic, especially the constitution through an analytical method with a different look and through an interior discourse approach and extracted its fundamental elements. "Establishing the element of faith and religious leadership for the formation of a political community," "The commitment of the constitutional system to the "ideology accepted by the people" the popularity of the government," and "the continuation of revolutionary goals and responsibilities, despite the establishment of the system," consolidate the Islamic Republic's constitutional law that are reflected in the Constitution and related fundamental documents.