نشریه دانش حقوق عمومی
سال نهم شماره 4 (پیاپی 30، زمستان 1399)

More than 30 years have passed since the enactment of the second paragraph of the Article 85 of the Constitution regarding the Statutes of the governmental organizations. The Guardian Council, due to its competence in reviewing legal provisions related to the ratification of the Statutes of the governmental organizations in terms of compliance with religion and the Constitution, has adopted various approaches. This involves the evaluation based on the principles and standards of public law in order to be able to look at the past, identify weaknesses and problems, and in the next step with the aim of reform, pave the way for the future. The present study seeks to answer the question of whether the procedures and approaches adopted by the council in recent years have been in accordance with the principles and foundations of public law. It seems that they have been corrected and modified in many cases, but on some issues, these approaches should be still reviewed.

One of the goals of the Islamic Republic of Iran is to assure compliance of the legal norms with the religious Criteria. In line with this, non-contradiction of all legislations and regulations with Islamic criteria is reviewed by the Jurists of the Guardian Council, based on the Article 4 of the Constitution. On the other hand, the Supreme Council of the Cultural Revolution is one of the legal normative bodies that has not yet provided a specific mechanism for assessing its enactments by religious Criteria. Accordingly the main question of this study is to examine the desirable mechanism for Religious Review of the Supreme Council of Cultural Revolution's Enactments by the Jurists of the Guardian Council in the legal system of Iran? In this research, using the descriptive-analytical method, this hypothesis was proved that the desirable mechanism to ensure the conformity with Islam for typical enactments of the Supreme Council of the Cultural Revolution is to exercise the “a priori” and “active” review of the Jurists of the Guardian Council. One of the most important benefits of this model is to ensure the maximum Islamic conformity of these enactments.

Article 27 of the Constitution is enacted in order to protect the fundamental rights of the nation in expressing the opinion and public rights and freedoms. With the expansion of the depth and history of religious democracy in our political society, the need for constitutional rights and fundamental rights provided for in the constitution has become more and more. Now, in order to promote public rights, this principle has been legislated for scientific and practical development in order to practically join the social order. However, there are questions and ambiguities about this proposal regarding the legal means of obtaining a permit, the restrictions governing the right of assembly, the competent authority to proceed and etc. Relying on a descriptive method and using the original sources of the study of constitutional law, this study seeks to find answers to these questions and remove ambiguities from this progressive principle of the Constitution. The results of the research indicate that the competent legal instrument is the declaration with the ability to object. There is a significant relationship between the Articles 26 and 27 in terms of the constraints on this right. The competent authority will deal with the legal objections of the prosecutor and the courts of justice.

Regulatory regulation is now a tool in the hands of public institutions to achieve their goals and competencies. Local councils also among these institutions within the scope of their competence in local affairs. But just as any regulator is required to adhere to some principles in enacting regulations to achieve efficiency, transparency, supervisability and promotion of accountability; local councils, considering their nature and scope of action, are required to observe some criteria in which ameliorate the regulation by these institutions and judicial review of their regulations. Therefore, the problems of the decentralized system are also avoided as much as possible and the goals of such a system are realized. The present article seeks to examine the specific requirements for the regulation of local councils by a descriptive-analytical approach. In this regard, the present article, by exploring the Constitution and the views of the Constitutional legislator and other laws and regulations and legal doctrine, has presented principles that can significantly meet the goals of good local regulation.

The principle of legal security informs citizens about the framework of their legal relations and gives them a kind of peace of mind and a sense of security. The realization of this principle is due to the existence of the rule of law, in which principles such as: transparency, coherence, ease of access, etc. protect the rights and freedoms of citizens, and in a deeper dimension realizes their legal security. In the present study, using library studies and through a descriptive- analytical approach, in response to the role of expurgation in creating legal security, ‌ while stating the accepted concept of expurgation, it was concluded that expurgation makes citizens aware of their rights. Expurgation is the recognition of the applicable and enforced law, where the inflation of laws, the conflict of several laws, the complexity of the laws ‌ and ... make it difficult to distinguish the ruling law. The expurgation makes it possible for an organized system of law to be created so that rights can be seen more and better away from turmoil, because facilitating public awareness of legal rules and regulations and recognizing individual and social rights and obligations, creates legal security.

The private secrets of famous people, those under the focus of public opinion of the society, like political and non-political celebrities such as artists, actors, athletes and models, are strongly favored by many people. Whether celebrities have the same privacy as ordinary people or whether the realm of their privacy is more limited than the rest of society, there are disagreements regarding the restriction of the privacy of celebrities and equality of that with others. According to the first theory, for lack of privacy of celebrities or at least limitation of its territory, some reasons are alleged such as lack of normal expectation, Iqdam Rule, Patternity of famous individuals, public benefits, right to know and critique of hypocrisy. Based on the second theory, the principle is that people in society are at a level of privacy and that just because people are famous or role models for others does not violate their privacy. According to this view, if celebrities are in a position to reasonably expect their privacy,  like others, their privacy should be respected. Reasonable expectations of privacy can be identified in components such as the place being monitored, the subject of the surveillance, the manner in which personal information is used, the means of surveillance, the satisfaction of the person subject to the privacy and the nature of the relationship.