نشریه اندیشه های حقوق عمومی
سال نهم شماره 2 (پیاپی 17، بهار و تابستان 1399)

Predicting the low level of the judicial supervision of state regulations introduced at the top of the Article 170 of the Constitution, along with the extensive and effective supervision exercised by the court of administrative justice, has created problems in Iran's legal system. Using a descriptive-analytical method, this research refers to the model of judicial supervision of state exercised by public and private courts while proving that this method of supervision is commonly used in countries whose judicial system is similar to that of Iran to conclude that , "creating diversity in judge' vision and court rulings " and " the in attention to the competent authority to exercise shari' supervision of state regulations" are the most important problems of this mechanism. Therefore, predicting the mechanisms that render the court judges' application of the jurisdiction systematic and restrictive and preparing the ground for opening up the possibility of making maximum use of the capacity of the experience and specialist knowledge of the court of Administrative Justice are considered suitable mechanism for allowing no diversity in judges' vision .

Since its early deve;opment,legal state has not had a single concept and due to its flexibility, it can be adjusted to almost any legal, cultural or social context. Likewise, in modern time, the constituent elements of the legal state are defined in different ways. Friedrich von Hayek , one of the theorists, has expressed his opinion about the legal state, and one can extract the constituent elements of the legal state from this theorist's works.. He distinguishes between the real law that many be discovered and the orders issued arbitrarily by government officials and defines legal state as a state which has to be bound by real law. Basing his view on individualism of liberalism, he considers democracy as a tool for achieving the goal of freedom, and criticizing arbitrary laws, he embarks on modern democracies and authority of legislative unlimited, and maintains that this problem can be solved by limiting the authority of the state within the law and allocating the duties of the government from within. Emphasizing on the idea of equality before law, he criticizes social justice and relying on freedom and spontaneous social order, which is not necessarily the outcome of premeditated planning and intentions and which is consciously chosen, he proposes the theory of freedom-centered justice, accordingly, and, contrary to the theory of social justice, he regards any government intervention to administer justice disrupts spontaneous natural order and individual freedom.

The issue of well-being which is considered a natural right has been forgotten the problem problems of well-being are directly caused by such factors like lack of food and healthy drinking water, unclean air and lack of hygiene. In the meantime, breathing is one of the most basic needs of mans and other living things. If man is deprived of the right to breathe, life natural, according to natural law, will be impossible. God Almighty has equipped man's natural structure with respiratory apparatus so that he may continue to live. Using descriptive-analytical method,this study, concludes that man's right to breathe is considered one of the establishing fundamental and natural right and it is necessary to remove the obstacles to the provision of these fundamental rights. Therefore, polluting the air that people breathe with smoking, fumes of industrial plants, traffic fumes, or preventing one form breathing as mean of torturing or to make one suffocate are among the issues to which professional organizations to pay more attention ; because the stated issues are inconsistent with this natural right of which has to be deprived.

One of the issues raised by constitutional jurists, and scientific circles is the question of the generality and jurisdiction? of the constitutional legislator, so that some people, relying on certain principles, believe in the limitation of the functions duties and jurisdiction of the cases considered by law; therefore, they reject the idea of generality of guardianship, where as some others believe in the generality of guardianship and inclination of the institution of the supreme leader to solve the problems and further the interests of society. This study evaluates the arguments of both parties by checking the fiqh-legal issue and expounds the held view. The hypothesis is that the constitution legislator holds that the plan and approval of the generality of guardianship are based on its ancient fiqh origin and, has acted with caution and intelligence and given special attention to national sovereignty in this respect.

The study of the history of human social life shows that the belief in the superiority of some human groups due to their biological characteristics has been the main cause of discrimination and deprivation. The emphasis on "the principle that no-privilege is given a citizen on grounds of his/her race" in the Article 19 of the Constitution shows that the legilator of the Constitution of the Islamic Republic of Iran has given special attention to the question of dealing with the factors behind the occurrence of the mentioned damages. Given the idea that in its discussion social affairs, the Holy Qur'an considers any prescription of the standads based on the originality of racism as invalid, this article seeks to explain how the anthropological tenets of the Holy Qur'an exert effect on refuting the theories that suggest unlawful discrimination. The authors through study of the holy Quran's texts shows that"equality" is the central point in the anthropological approach, which has an effective role in encountering the causes of unlawful discrimination. The research results show that the evidence derived from the Qur'an suggests that this idea can be expounded by identifying at least four subject areas : creation, generosity, mercy and the hereafter, which this article tries to demonstrate in the light of Qur'anic sciences using an analytical-descriptive approach and a library based method.

One of the textual proofs given to back up the idea of guardianship of Faqih is the prophetic hadith " a king is the guardian of those who have no guardian " on which many jurists rest have cited in their discussion of various fiqh issues, including the question of the guardianship of faqih. The purpose of this study is to examine the chain of transmission and content of the doubts raised about the hadith from different angles. Using Ijtihad approach this study seeks to answer the dubious ideas of those who claim to have analyzed the jurists' views in this respect by using the conventional method of fiqh reasoning and inference. According to the research findings but, some consider that the chain of transmission of this hadith is weak to the possibility of finding redress for it, in addition great people, like Sahib Jawaher, hold that it needs no redress. Others think that the word king in the above-mentioned hadith refers to the Infallible Imam, while, many consider it to have more general meaning including the jurist or characteristics of the jurist. They think that this hadith deal with special but the vast majority of jurists think that it covers a general area.