فصلنامه مجلس و راهبرد
پیاپی 117 (بهار 1403)

One of the basic electoral challenges in democratic systems is the allocation of parliamentary seats to provinces and constituencies. In this context, countries act very differently in terms of the ratio of representatives to citizens in the parliament and draw the borders of constituencies based on the criteria included in their electoral laws. Since there are no fixed, standard or universal criteria and rules for allocating the number of parliamentary seats to constituencies that determine the configuration of a national assembly, countries usually do this based on demographic and geographic factors. Therefore, the research question is how one can optimally and fairly distribute the provincial seats in the Islamic Parliament? The main hypothesis here is the unfair and non-optimal distribution of the representative seats of the Islamic parliament in the current situation. In this regard, to answer the question of this research, the SECA optimization method has been used based on the criteria of population, area, number of cities and human development index. According to the findings, the optimal number of representatives of each province in the Islamic Council under two scenarios and two weighting approaches to the four criteria has been precisely determined and compared. These results show that the provinces of East and West Azerbaijan, Isfahan, Tehran, Khuzestan, Fars, Gilan, Lorestan, and Hamedan have a surplus of representatives, and other provinces generally face a shortage of representatives. In other words, the source of injustice in the distribution of seats in the Parliament is the extra seats that have been allocated to provinces.

The current research was conducted with a future study approach to identify the components of the modern administrative system and its role in the establishment of the federal structure of Iran. This study is fundamental in terms of its purpose; and in terms of nature and method, it is descriptive (survey based) and in terms of relationships between variables, it is a correlational study. The data collection tool consists of two researcher-made questionnaires, which were designed with a five-value spectrum. Validity and reliability of the tool was measured by expert opinion and various tests. The statistical population of the research of researchers who have examined the aforementioned variables over the past 10 years and published their findings in reputable journals. Based on Cochran's formula, a sample size of 73 individuals was determined and selected using simple random sampling. To test the research hypotheses, correlation, path analysis and regression tests were used. These tests measure the relationship, the level of influence, and the predictive capacity of the variables. The results of data analysis indicates the following results (1) In terms of explaining the modern administrative system, efficient bureaucracy, electronic government, rule of law, public and social responsibility were identified as key components. Additionally, a preferred explanation the federal structure is achieved through the components of national governance, local governments, and separation of powers, free party activity, and decentralization of activities. (2) The correlation test revealed direct, positive, and significant relationships between the modern administrative system and the federal structure. (3) Based on the results of the regression test, the relative contribution of each of the components of the modern administrative system in predicting changes in the federal structure was determined. So that efficient bureaucracy has the most effect and social responsibility has the least effect. Based on the findings it can be concluded that a key and reliable factor for the establishment of the federal system in Iran is the use of a modern administrative system based on the aforementioned components.

Examining the relationship between income distribution and wealth distribution in Iran is very important in terms of economic and social consequences. Therefore, examining the Short-term and long-term inequality of income distribution and wealth distribution in Iran can provide some answers to the questions of policymakers and economic analysts. Focusing on Iran, this research has been conducted based on Piketty's dynamic model of wealth inequality in the time period of 2002-2019. The results showed that in the short term, different assets grow at different rates, and since the ability to earn and save income of the upper deciles is more than the lower deciles, it is expected that the distribution of income will become more unequal and lead to the inequality of wealth distribution. It is also predicted that in the long term, in a stable state, if the return on capital is zero, the advantage of the assets will be lost and will grow with the inflation rate. But what is happening in reality is that the process of distribution of income and share of wealth is in favor of the top 10% of the income decile and the distribution of wealth has become more unequal.

Effectiveness is one of central topics in political sphere that is important for governments. Effectiveness actually provides the basis for stability and sustainability of political systems. The purpose of this research is to investigate the efficiency challenges in judiciary system of the Islamic Republic of Iran in the years 2000-2019 in terms of political stability. The main question of the research is that what challenges has Islamic Republic of Iran judiciary system faced in the field of efficiency during the given time span, and what solutions can be proposes to upgrade and strengthen the efficiency of this issue? A qualitative research method using is used and interviews with 30 legal experts are the basis of analysis. Transcribes are categorized in tables in the form of ID codes, key points, and open codes. Findings indicate that the major challenges of the judiciary system during 2000-2019 are:  independence of judges, delay in proceedings, internal and external pressures and lack of full implementation of the law. In order to solve these challenges, maintaining the judicial independence of judges, fighting against economic corruptors, reducing the delay of proceedings, complying with the implementation of laws and regulations, cooperation other legal bodies and governing institutions, and eliminating the pressure in judicial cases are among the ways to improve the efficiency of the judiciary and are in line with making an stable political system.

In international lawsuits where a foreign element is present in the lawsuit, conflict of laws is inevitable. In such cases, the court judge decides which country's substantive law governs the lawsuit. The basis for determining the governing law in the violation of copyright in the cyber space is not clearly determined in Iran's law, but the legal doctrine in other countries has long sought to establish rules that, by applying them, can determine the most appropriate law for various issues. The course of developments shows that legal doctrine has undergone changes and transformations with the passage of time and the advancement of Internet technology, and new approaches have been expressed by jurists to solve problems. The expansion of the use of Internet technology and the continuous violation of copyrights in this space require the use of new conflict resolution rules, and also the traditional rules will not be very efficient. By adopting the three approaches of maximum protection of the works, the impact of the infringement on the economic interests of its owner, and the integrated approach that includes the traditional rules and the new rules for conflict resolution, the legal doctrine has taken a step towards determining the law governing the claims of cyber infringement of the author's rights.
Using the library method, this research investigate the conflict resolution rules based on the traditional and modern legal doctrine and proposes the most effective rule for determining the governing law. This study suggests that the unique characteristics of cyberspace necessitate the application a comprehensive law to lawsuits. Therefore, the criterion of maximizing the protection of, literary, and artistic works is deemed most suitable for determining the governing law in copyright cases.

The purpose of the current research is to identify the challenges of realizing transparency in the Islamic Council. In terms of direction, this study is placed in the category of applied research and in terms of its nature is an exploratory research. Also, according to the type of data, it is considered qualitative. The statistical population of this research is made up of all scientific experts in the field of public policy (including all faculty members of universities and research institutes of the country with expertise related to decision-making and public policy) and executive experts (including all current and past representatives, and researchers focusing on the Islamic Council). The data collection tool included a semi-structured interview, desk research and a literature review. Using the theoretical sampling method, 18 interviews were conducted with scientific and executive experts in the field of public policy. Theme analysis and MAXQDA10 software were used for data analysis. Finally, using the theme analysis method, a multi-level diagram of the relationship between the exploratory themes of the research was extracted. It included: (the challenges of realizing transparency) with 211 basic themes, 10 organizing themes and 3 overarching themes (systemic, behavioral and environmental challenges).

The contradiction and conflict between personal/group interests and professional/organizational interests can have detrimental effects on the functioning of structures and processes across various domains of society. One of the obvious areas of conflict of interest is in forensic institutions. Forensic institutions play a crucial role in providing expert and technical opinions on medical crimes and violations with impartiality and in their capacity as fair and just arbitrators, they are tasked settling disputes related to the rights of patients and survivors. However, due to the close relationships and cooperation with one side of the dispute, such as doctors and staff, conflicts of interest may arise, potentially impacting their decision-making and issuance of expert theories. The primary focus of this research is to identify instances of conflict of interest within medical forensic institutions and explore potential solutions to effectively manage and mitigate such conflicts. During the research, clear examples of the conflict of interests in this field are revealed and that there is a wide range of solutions including preventive (soft) and repressive (hard) measures that can be taken into consideration by policy makers. This research, conducted using an analytical and descriptive approach and drawing on library resources, aims to offer comprehensive and effective solutions for managing conflict of interest within forensic institutions. The ultimate goal is to safeguard the rights of victims and patients promote judicial justice, and ensure the fair and ethical functioning of medical crime expert institutions.

The development of green entrepreneurship as an emerging entrepreneurial revolution is an effective factor in reducing environmental pollution, using the least facilities and gaining the most productivity in doing green business. Therefore, the purpose of this research is to design a green entrepreneurship development model in the field of urban waste management to use this environmental problem as a source of opportunity and turn this environmental and social risk into social values and economic profit. This research is a fundamental in term of purpose and a qualitative-data-based (systematic) research in term of data collection. After selecting 15 owners of urban waste management business, city managers and experts in this field, data was collected by purposeful sampling method and semi-structured interview. Then, data was analyzed in three stages of open, axial and selective coding, and finally 117 primary conceptual categories from open coding, 38 categories from axial coding and 16 main factors from selective coding were identified. The results emphasize that the axial category is the development of green entrepreneurship, which is formed based on causal factors (such as personal and occupational characteristics), field factors (such as institutional, infrastructural, environmental, technology and innovation factors) and intervening factors (such as economic, political, legal and socio-cultural and educational factors). And supportive, corrective, executive and structural strategies can lead to three categories of economic, social and environmental consequences or in other words to the sustainable development. These findings help managers, planners and policy makers in the field of waste management and green entrepreneurship development in creating value (competitive advantage and wealth) and realizing more sustainable futures.

Auction is one of the important steps in the execution of civil judgments, during which the property of a defendant is sold in order to compensate the plaintiff. Although the law on the enforcement of civil judgments has tried to cover all the regulations governing the auction, a look at the law and judicial procedure shows that there are many ambiguities in the field of practice. In this article, the inadequacies of the law in the nature of the auction, ambiguity for the request of authorized applicants in holding the auction, ambiguity in announcing the auction time to the  lawsuit parties and third parties, lack of a unique criteria to determine an authorized price of selling property in the second auction, The legal system falls behind in adjusting to the inclusion of new assets such as digital currencies, and the absence of a legal mechanism in the sale of shares of stock exchange companies, uncertainty in the ability plaintiff to participate in the auction, The ambiguity regarding the sale of the entirety of the collectively owned property, which is only partially seized, uncertainty in recognizing the highest auction price,  disagreements in the obligating the plaintiff to pay 10% in the case of participating in the auction. withdrawal of the winner from the auction, withdrawal of the judge from the enforcement of the auction, complaint against the auction and filing of an independent lawsuit to cancel the auction, possibility for demanding a delay or stop of the auction and a summary of the cases of confiscation of 10% of the auction amount have been reviewed. These issues, which have caused confusion in the judicial procedure, have made it inevitable to review the law on the enforcement of civil judgments and to formulate a comprehensive law. This article takes a descriptive-analytical approach to explore the shortcomings of the legislation governing pre-, intra-, and post-auction procedures, aiming to propose potential solutions and improve compliance with regulations.

Parliament members are not immune from monitoring and accountability for their behavior and performance, and most parliaments in the world have some type of monitoring (internal, external, or combined) on the behavior of their representatives. There is no one doubts on the necessity of the monitoring the behavior of the representatives, but there are differences in the way of monitoring and procedures. The present research aims to propose the necessity and possibility of forming a local consultative assembly in the constituencies of the country. The study method is a survey and the research sample is made up of 163 representatives of the 10 periods of the Islamic Council. To design the questionnaire, first, an in-depth interview was conducted with 12 people who had more than three terms of representation in the Islamic Council, and then a questionnaire was designed based on the interviews. Findings indicate that 94.8% of the study sample were male and 5.2% were female. More than half of the respondents had a PhD degree and the representatives of the 9th (22.5%) and 8th (19.7%) periods of the Islamic Council had the highest percentage in this category. 70.6 percent of the respondents considered the pathology of the parliament as very necessary and about 17 percent evaluated the performance of the Islamic Council in 40 years of passing legislations as successful and 76.5 percent evaluated the performance of the Islamic Council in the term of success in monitoring the performance of executive bodies as low. The results of the analysis of two variables showed that there is a significant relationship between the pathology of the performance and the reasoned and rationality of the representatives' votes on legal plans and bills, and the formation of the local consultative assembly. Based on the results of the logistic regression of gender, education, age, parliament efficiency score in the group 11-15, the level of importance of efficiency and evaluating the efficiency of the parliament has a direct effect and the efficiency score of 15-20 has a significant and inverse effect on the probability (formation) of the implementation of the local consultative assembly in the country constituencies. Based on this, to the extent that the importance of the efficiency and performance of the Islamic Council increases, the need for the elites of the field to advise the representatives, to influence the duties of representation, increases. This leads to the cooperation of more thoughts for monitoring.

One of the basic goals of development is to achieve social welfare for all, and creating a platform for suitable environment for business and employment in any country are crucial factors in driving economic growth, prosperity and ultimately increasing the economic and social welfare of the population. Given the instrumental role of employment in the realization of social well-being, this research firstly aims to empirically identify and define the factors influencing employment and well-being. This research uses a documentary method and semi-structured interviews with experts and specialists in the field of employment and well-being in the Ministry of Labor, Cooperation and social Welfare. In the second step, after counting the factors and key components affecting the future of employment and prosperity of the country, these factors were arranged within a mutual matrix and presented to experts, and then using Micmac software (MIC MAC) the direct and indirect effects of variables on each other were measured. Finally, the research showed that economic structure variables, investment, business environment, welfare system and social justice as two-dimensional variables, policymaking variables, international relations, laws and regulations and banking system as influencing variables, educational system variables and banking system as regulatory variables, variables of the payment system and human resources were recognized as dependent variables, and the variables of the educational system, cultural system, and technology were recognized as independent variables.
Based on the degree of influence and effectiveness of the variables, the priority of policy variables, economic structure, investment, international relations, laws and regulations, business environment, banking system, welfare system, social justice and education system were the most important key drivers affecting the employment and social welfare of the country.

Social insurance is a critical component of social policy, offering essential social and economic security to individuals during old age and disability. The current research aims to conduct a comparative analysis of the provinces of the country in terms of the level of socialization of social insurance among the residents of cities with less than 20,000 people. In term of methodology this is an applied research and in term of nature and the statistical population descriptive-analytical. Research population includes 903 urban points with less than 20.000 people. The basis of data analysis is documents and information obtained from the General Department of Statistics, Information Technology and Insurance Calculations of the Social Insurance Fund of Farmers, Villagers and Nomads. The initial data analysis involves two metrics: the social insurance institutional coefficient and the Socialization Insurance Index, examining the penetration rate in social insurance. In the subsequent phase, to facilitate an in-depth and comprehensive analysis, the general index of social insurance socialization was evaluated. This index consists of insurance penetration rate, the proportion of inactive insured individuals, the ratio of insured in cities with populations fewer than twenty thousand to the total number of insured persons, and the institutional coefficient, all investigated within the MultiMoora technique framework. The findings showed that due to the limited number of agencies and their unbalanced location, the institutionalization coefficient of social insurance was 46.6% and its socialization was also 1.3% due to reasons such as unfavorable access, lack of awareness and information, and weak training and performance of agencies. Also, the results of the general social insurance socialization index showed that Hamedan province with a coefficient of Ui=0.0003367 has the highest degree of desirability and the highest level of social insurance socialization in cities with less than 20.000 people, and Khuzestan province is at the lowest level with a coefficient of 0.0000027. Ui=0. In this regard, the most important suggestions are to establish at least one agency in every city with less than 20,000 people and spread advertising, awareness and information to the target community.

Waste in law is compared to actual waste. The intention is that in some conditions, in terms of the effects and rulings related to referring to a property, a factual property that is not wasted have a same interpretation in law as it is with a wasted property. This has faced several jurisprudential and legal challenges, and at the same time, it has positive effects in terms of supporting the official document and ultimately reducing lawsuits. In this research, it is studied that how possible is to use the institution of waste in law to defend the last official document against normal documents and in general the normal contract of the previous one. Therefore, the expansion of the institution of waste in law should be supported from different angels: First, to support the Real Estate and Documents Registration Law and its various articles, including the article (22), (46) and (47). Second, to support the bona fide buyer who trusted the official document and purchased the property through all the legal formalities. Thirdly, the possibility for the injured person (natural/legal transferee) to refer to the person from whom the property was directly transferred (normal) to claim compensation, and there is no need to disturb the order regarding contracts that are official, in good faith and are bound by laws and regulations.

Higher education is a very important institution in societies, not only because it educates the elite and provides a basis for a society with technology, but also because it is the most important intellectual institution that has a wide influence on culture and political affairs. The research seeks to identify and prioritize the key components of the political-social underpinnings of Iran's higher education system, focusing on governmental expectations Using a qualitative method and a meta-synthesis approach, this research aims to provide valuable insights into the higher education landscape in Iran. Data collection pools were documentary sources and the statistical population of all reliable scientific sources published domestically related to the research topic for the years 2002 to 2022. The sampling method was purposeful and based on the tools of the critical assessment skills program, and the seven-stage model of Sandelowski and Barroso (2007) was used to collect and analyze the data. The research outcome entails the identification and categorization of five primary components of the political-social foundations of higher education, with a focus on governmental expectations: development of citizenship, political socialization, political participation, political development, and sustainable development. The results of Shannon entropy measure prioritized the components within domestic studies, ranking sustainable development as the first priority and citizenship development, political socialization, development, and political participation in subsequent order. In the end, based on the results of the research, appropriate suggestions were presented.

Examining the challenges and opportunities of Iran's Law on Dissemination of and Free Access to Information is the subject of this research. Exploring in expert's opinions in the fields of communication and law the nature and form of the Law on Dissemination of and Free Access to Information was study. This research is grounded theory in essence and interviews were used to identify the opportunities and challenges facing the implementation of Law on Dissemination of and Free Access to Information in Iran. The statistical population of the research includes the experts and professors of the filed law. Analyzing interviews identified four axes: vagueness of the law exceptions, lack of law-enforcement guarantee, ambiguity in the concept of access to information, and the challenge of parallel laws. Therefore, the pathology of the behavior of government officials, citizens and the media professionals; changes in the performance of public officials; Cultivation and education on free access to information and achieving transparent documentation standards. Looking at these four challenges, it seems that the taking lessons from experiences of leading countries in this laws and a detailed review of the law in terms of challenges can provide appropriate solutions. It is possible that this law open windows toward the culture of transparency and supervision. Also reviewing this law should not turn into the formulation of principles for dismantling the law.