نشریه حقوق تطبیقی (نامه مفید)
سال هشتم شماره 1 (پیاپی 15، بهار و تابستان 1400)

The roots of Constitutional Conventions depend on the political, cultural and social contexts of any society. The characteristics of the parliamentary regime in the United Kingdom and the relationship between the head of state and the head of government and the evolution of the role of parliament from advisory to special function can be the source of some Constitutional Conventions and arise from these customs and is equally important in quantity and quality. Which is used in Constitutional Conventions to regulate the relations between the two irresponsible elements (queen = king) and the responsible (prime minister) and to fill the gaps in the unwritten constitution, including in regulating the relations between the cabinet and the parliament. In Iran, the Constitutional Conventions have a hidden and of course important role in the political-legal life of society, and in all government institutions and in the relations between these institutions, traces of these customs can be seen that in addition to the field of behaviors, establishment Some institutions, such as the Expediency Council or the creation of some phenomena, such as the revision of the Constitution in 1989, are practical examples of the impact of these customs. A comparative study shows that the origins of customs in England are rooted in tradition; Thus, in England, customs are more stable, but in Iran, customs are typically born of the exercise of power by institutions of power, and for this reason, they try to cover up the custom of law.

Respect for the party autonomy principle has many various effects on private relationships at internal and international levels. The enforceability of choice of court agreements in the private international context is one of the most important effects of this principle. This effect has clearly been expressed in the law of some countries and the related international instruments. Recognizing such an agreement has effects on both the parties to the jurisdiction agreement and national courts. The article seeks to illustrate the effects of such an agreement. This article with the descriptive-analytical method and comparative approach with a focus on some national laws especially Iranian law and some related international instruments shows that recognizing the exclusive choice of court agreements has negative and positive effects on the parties and the courts. The negative effect is excluding the jurisdiction of the courts of one country and the positive effect is conferring the jurisdiction to the courts of another country.

The equal political participation of men and women is one of the fundamental goals of democracy and human rights principles. According to new researches one of the most significant and effective steps for political empowerment of women is to strengthen their parliamentary participation. However, the level of women's parliamentary participation is strongly linked to the electoral systems. The level of parliamentary participation of women in states which are using the proportional system is much better or higher than the states which are following the majoration system. So the main question in this article is what is the relationship between the electoral system and the parliamentary participation of women in Iran and Afghanistan? Based on the results of this study, it can be said that there is direct correlation between the electoral systems and the status of women's parliamentary participation. Due to the use of the two-round Plurality and Majoration system, the level of participation of women in the Iranian parliament is weak. In addition, the use of a Single Member non-transferable voting system (a system which has more overlap with the majoration family) in Afghanistan has also increased dependence on gender quotas. This article is applied research and data analyzed by using the Descriptive and deductive method.