نشریه اندیشه های حقوق عمومی
سال هشتم شماره 2 (پیاپی 15، بهار و تابستان 1398)

The new form of the relation of law and politics in contemporary world discourse has placed man as the holder of rights and freedoms. In this discourse, the right to self-determination is one of the most important fundamental rights, according to which individuals in every society have the right to decide and determine their individual and social destiny. Since all rights need to be guaranteed and protected in laws, the constitution can play a decisive role in guaranteeing these rights as the highest and most important norm in the hierarchy of laws. The present article aims to evaluate the evolution of the concept, principles and ways of guaranteeing the role and position of the people in the government, as one of the fundamental rights in the constitution of the Constitutional Period and the constitution of the Islamic Republic of Iran. Surveys show that one of the results of the Constitutional Revolution has been to identify and try to secure the role of the people for the first time; The beginning that was more fully achieved in its evolutionary process and in the course of the Islamic Revolution of Iran, and its concern with its guarantee in the constitution of the Islamic Republic of Iran, was significantly attained.

Since political power in the Islamic vision is merely a trustee in the hands of government agents to serve the servants of God and to seek right and reject the wrong, and not a prey for rulers for wealth gathering and bullying, it is imperative to monitor the behavior of agents and rulers to ensure that governance is exercised in the right way. Our main purpose in this research is to express the philosophy, aims and methods of monitoring government officials in legal literature in a descriptive-analytical way, with emphasis on Imam Ali's view.

The theory of "separation of powers" is one of the most important theories and concepts in public law. Many authors have called this theory one of the most important means of restraining power. The basis of this theory is that each power system must have a specific task and not interfere with other powers’ particular affairs. Some have considered Montesquieu, the philosopher and the famous French lawyer of the eighteenth century, as the creator of the theory of separation of powers, but scholars such as Plato, Aristotle, Hugo Grotius, Pufendorf, and Jean Bodin are among the scholars who have spoken before about this. This theory is also reflected in the thought of Ibn Khaldun, who lived centuries before Montesquieu. Although Ibn Khaldun has not discussed the colloquial concept of “separation of powers”, he has spoken clearly about the necessity of separating the triple tasks and the limitation of power. After looking at the notion of "separation of powers", the author has made a comparative study of this subject in Ibn Khaldun and Montesquieu's thought, having a documentary and comparative approach. The novelty of this study is that it has corrected the common mistake made by Ibn Khaldun in his acceptance of the theory of "separation of powers" and proposed his correct theoretical form (acceptance of division of labor and distribution of duties) by citing his written works.

Registration of Deeds and Properties Law, adopted in 1931, is derived from the German legal system and is incompatible with the reality of our society, which is based on Imamiyyah jurisprudence. Thus, over time, the legislator has amended Article 73 of the aforementioned law with paragraph 2 Article 16 of the Law on the Supervision of Judges' Conduct, adopted in 2011, as a partial imposition and with the enactment of this article, Articles 22 and 48 of the Law on Registration of Deeds and Properties have also been partially implicit. Therefore, there is no need to invalidate Articles 22 and 48 of the aforementioned Law on Ordinary Documents, which are valid legal or religious proofs of their validity. Because Article 1291 of the Civil Code defines such documents in certain ways as official documents. In fact, by the abrogation of Article 73 of the Registration of Deeds and Properties Law in principle, we can say: Articles 22 and 48 of the Registration of Deeds and Properties Law has been partially implied abrogated. In addition, there are specific laws that have partially repealed the registration laws, including the "Landlord-Tenant" Relations Act, which is in fact a form of Article 1291 of the Civil Code. As referred to in paragraph 1 of Article 1291, if the party against whom the document is lodged confirms that the document has been issued against him or to be confirmed by a judge under Article 225 of the Rules of Procedure, adopted in 2000, The judge, who is a government official, declares ownership under Article 1291 of the Civil Code, as a matter of jurisdiction, which is a matter of civil procedure, and this declaration is an official document and is valid in relations between the parties.

Job Security is one of the supportive aspects of labor laws that has always been the subject of labor disputes. Legal scholars and trade unions have often advocated this as an inalienable right for workers, and economists and employers see job security as an obstacle to production and employment, and one of the factors that reduce productivity. One of the most important ways of securing a job in many legal systems is to protect workers against repeated fixed-term contracts in continuous work that can be accomplished in different ways. The present study uses descriptive and analytical method in addition to examining different approaches to job security and expressing its autonomous opinion, namely the legal-economic approach to the issue of job security and examines legal solutions to achieve the desired pattern of protection against fixed-term contracts and to regulate the turbulent state of job security in the country. Using the capacity of Note 1, Article 7 of the Labor Code, taking into account economic considerations as a short-term solution, as well as amending the Labor Code by organizing temporary labor contracts by setting time and number limits and accurate determination of the permissibility of such contracts in addition to facilitating layoffs as a long-term solution is one of the most important results of this study.

In the field of international criminal law and public criminal law, the issue of extradition is at stake. The extradition of criminals, irrespective of form, has many minutiae and modes. Given the legal rules governing extradition, and Shi'a jurisprudential sources, this article merely answers the question that if an infidel in another country commits a crime against one of the Muslims, then he should be present in the Islamic State, and that country appeal to the Islamic State for his extradition, while the act of committing it is a crime in both countries, what is the ruling on extradition of such a person in such a case in terms of Islamic precepts? In this regard, the jurisprudents have examined the extradition of an infidel who commits adultery or sodomy against a Muslim, and by "deductive" method, after examining the arguments, like خروج از دمه for committing a crime, defaming Islam, narrating Hanan bin Sadir, narrating Jafar bin Raziqullah, and اجماع, has proved the authorization of extradition of such offender except for adultery with a Muslim woman.