نشریه تحقیقات نوین میان رشته ای حقوق
سال چهارم شماره 2 (پیاپی 13، تابستان 1403)

Failure to achieve the expected goals and consequences in the social society turns the issue of seeking the law and evasion of the law into a complex social issue influenced by legal and historical aspects. In this article, the tension between religious order and international law with regard to the application of religious sovereignty through the supervisory body of the Guardian Council and by using Weber's theory of religion and rights was shown in order to determine to what extent the political system can resolve this tension with the right of protection. Shariah supervision has been agreed upon. The findings show that there is a serious conflict between the rule of Sharia and modern laws in international law, on the one hand, the issue of the priority of government rulings over Sharia rulings has been a pretext for the expedient application of domestic and international laws, and on the other hand, the number of international treaties that despite being contradictory to the Shari'ah have been approved according to the needs of the day are not few. As a result, the function of Sharia supervision of the Guardian Council as an institution that legitimizes laws cannot be seen as effective, because this institution has caused the politicization of social and cultural rights by interfering with religious considerations on laws instead of benefiting from collective wisdom.

Smart contracts are a new generation of electronic contracts based on blockchain technology. These contracts have differentiating features such as being self-executing, decentralized, encrypted and immutable, and these features have led the general public to regulate their legal relationships in the form of these contracts. But the question that was raised from the beginning of these contracts is whether the technology of smart contracts is just a program code that represents the agreements of the parties or is it considered a contract in its legal sense and the rules, regulations and effects of contracts are also applied in them? In this article, by examining the text of relevant laws and regulations and studying library sources, we have explained this issue with a comparative view between the laws and doctrine of Iran and Bulgaria, and we have analyzed the similarities and differences about the nature of the smart contract as program code or legal contract, and we have come to the conclusion that despite the fact that smart contracts are formed in the form of program code, they have the characteristics and features of legal contracts and the rules, regulations and effects of legal contracts apply to them, except for the cases that are excluded by the laws.

Elections play a fundamental role in democratic governance. Democracy is a form of government in which political decisions are made directly by the entire body of eligible citizens. Elections enable voters to choose leaders and hold them accountable for their performance in office. Therefore, elections provide political education for citizens and ensure that democratic governments are responsive to the will of the people. This research, using a descriptive-analytical approach, seeks to answer the question of what internal and external impacts, particularly on the crises and political issues in the Middle East, will result from a high-turnout election on March 1, 2024 (Esfand 11, 1402) in Iran. The findings of the research indicate that the maximum public participation in the March 1, 2024 elections for the Islamic Consultative Assembly and the Assembly of Experts will not only strengthen and enhance the political legitimacy of the Islamic Republic of Iran domestically but also neutralize the conspiracies of the enemies of the Islamic Republic, leading to an increase in Iran's influence and power in the Middle East, thereby elevating the country's standing as a key player in the region.

Judicial and subjective ignorance are considered as the key concepts in the field of criminal responsibility in the Islamic legal system. Ignorance of a ruling means ignorance of a person's Shariah or legal ruling of his action, which is divided into two categories: negligent ignorance and culpable ignorance. Culpable ignorance that is caused by failure to learn science and knowledge does not eliminate criminal responsibility, but culpable ignorance that is not based on negligence and inattention can eliminate criminal responsibility. This is known as forced error. On the other hand, ignorance of the subject means ignorance of the characteristics and features of the subject of the crime or not understanding the nature and truth of the act that a person commits. In intentional crimes, if a person commits a crime by mistake, such as a mistake in the identity of the victim, his criminal responsibility is dismissed. But in non-intentional crimes, the mere mistake in the nature of the act generally does not remove the criminal responsibility, except in cases where the law has made an exception. Therefore, the main difference between judicial and objective ignorance is that in judicial ignorance, a person does not have the knowledge of the sanctity and the legal prohibition of the action, while in the subject ignorance, the person is unaware of the nature and truth of the action he is doing. This substantive difference will have different effects on the individual's criminal responsibility, which is emphasized in this article.

Democratic constitutionalism is a profound concept emphasizing both the legitimacy of a constitution in reflecting the general will and the role of the public sphere as a platform for public discourse aimed at converging these two aspects. This study provides a comprehensive exploration of modern public law at the macro level, focusing on the interaction between the constitution, constituent power, and democratic governance. At the micro level, it elucidates key constructs in modern public law such as the public sphere, civil disobedience, power dynamics, the mechanisms of control and balances, democratic constitutionalism, public discourse, representative democracy, the rule of law, and the political system. Using a descriptive-analytical approach and library resources, this research highlights the inherent challenges in contemporary legal systems and examines the trend of constitutionalism and the exercise of constituent power as fundamental components in establishing principles and structures of democratic governance. The findings underscore the adherence to constitutional principles and legal precedents emerging from court rulings in interpreting and enforcing the constitution. The study emphasizes the importance of modern public law in supporting democratic governance, protecting individual rights, and enhancing active citizen participation in public discourse and the public sphere in shaping policy processes and strengthening public policies. Ultimately, this research elucidates the political system as the framework for power distribution, public policymaking, and the establishment of sovereignty within the context of modern public law, in interaction with the constitution and democratic governance. Understanding these constructs is deemed essential for effectively navigating the complexities of modern public law and achieving a just, inclusive, and democratic society.

The North Atlantic Treaty Organization (NATO) is an alliance consisting of 29 countries from North America and Europe, which was established in Washington after the signing of the North Atlantic Treaty on April 4, 1949 between ten European countries, Canada and the United States for the purpose of collective defense, and its headquarters are in the capital city of Brussels in Belgium. At the time of its establishment, NATO had 12 official members, which were added to the number of member countries over time. The political geography of the countries around Iran have always had an important impact on the national security of the Islamic Republic. During different periods, many alliances and military pacts have been formed in the geographical spaces around Iran. The importance of Iran in terms of geopolitics has caused any type of military- security agreement to affect Iran's relations with other countries. One of the important international treaties that has been formed in the geographical environment surrounding Iran in the last 60 years is the North Atlantic Treaty (NATO). It was expected that with the dissolution of the Warsaw Pact, the NATO organization would also weaken and be abandoned. But with the efforts of the United States, not only this did not happen, but the field of NATO's missions and its scope of influence has been expanded. The change in the past missions of NATO and the creation of territorial and geographical scope to play a greater role in the North Atlantic Treaty, was the response of the US government to keep NATO in the path of the future plans of the United States at the global level, especially in the Caucasus region and Southeast Asia.