List of Articles constitution

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - Principles and reasons for monitoring people in the constitution Emphasizing the ethical approach
  Ali Kazemzadeh
  In the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the gov More

  In the system of the Islamic Republic of Iran, the most important area of oversight is the oversight of the rulers, since the harmful effects of leaving it far outweigh the effects of the abandonment of people's control over the people. Obviously, if we consider the government responsible for public order, the government's oversight of the people is more important than the other one. Legally, the oversight of the state and the governments is the duty of all citizens, and everyone is obliged to do the duty of good and forbidding the wrong both to the brokers and to the laws and regulations if they violate the rights of the people. These teachings should be accompanied by a precise explanation of the theoretical and practical boundaries so that it can produce a very useful and fruitful function. In Islam and the Islamic Republic, responsible government officials, orbital ethics, trustworthiness of power, error and inerrancy, and acceptance of republicanism, are the reasons for the oversight of power. This oversight does not accept any restrictions on government and government officials; rulers, governors, and Muslims with all of their high status are not excluded from this monitoring; in spite of this, Islam has established its social method and laws based on morality. It has focused on educating people based on ethical standards. The enforcement of laws has also led to moral education. This executive guarantee, like the internal police, is constantly and completely hidden in secret, unobtrusive, and inaccessible to human beings and prevents misconduct and error. Among the principles of supervision of people in the government in the constitution of the Islamic Republic is based on the principle of the eighth commandment to the famous and non-denominator, which is one of the social laws of the Islamic religion, which is obligatory on the basis of society, and the basis for the prevention and acceptance of this jurisprudence Islamic holy religion is the creation of a sense of public responsibility and universal supervision, in order to ensure the implementation of religious standards and to avoid the prevalence of corruption in society and the reform of affairs. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - Moral support in the performance guarantee of government approvals in Iran and the United
  Mohammad Saeed  Ansari   Nader Mardani
  The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set o More

  The Islamic Consultative Assembly in its most important task, that is, legislation in accordance with Article 71 of the Constitution, has general jurisdiction and can legislate in general matters. Nonetheless, the parliament has a constraint on this role, which is set out in various constitutional principles. Article 72, for example, states: "The Islamic Consultative Assembly can not legislate to comply with the principles and rules of the official religion of the country or the constitution ..."All laws must be approved by the Guardian Council. Without a Guardian Council, the Islamic Consultative Assembly has no statutory authority, except in the case of approval of the credentials of the representatives, and the election of six lawyers of members of the Guardian Council. In cases where the Assembly of the Islamic Consultative Assembly considers the Council of Guardians to be in violation of the Shari'a or the Constitution, and the Assembly shall not provide the Guardian Council with due consideration to the expediency of the system. The Expediency Council adopts the necessary decisions. In US law, the three executive powers, the judiciary and the legislature are completely independent of each other. The president will not vote for confidence from Congress, but for his ministers, he needs two-thirds of the senators to vote. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  3 - Value–Legal Analysis of Iran’s Governance Approach to Privatization
  Aminallah Samadi Abolfazl Jafargholikhani Mohammad Reza  Yousefi
  20.1001.1.23833279.1399.10.40.11.5
  The term “privatization” has not been defined in our laws. Privatization is a complicated and vague concept featuring various political, social, economic and legal aspects and outcomes. Before and after the Islamic Revolution, our legislator’s approach has been towards More

  The term “privatization” has not been defined in our laws. Privatization is a complicated and vague concept featuring various political, social, economic and legal aspects and outcomes. Before and after the Islamic Revolution, our legislator’s approach has been towards the domination of public and state ownership. But, a larger deal of attention was gradually paid to privatization due to numerous reasons such as domestic and foreign factors including the prevention of public and state sectors’ monopoly, stagnation of the society, downsizing of the government, valuing the private sector and entry to global trade and markets. The objective and distinct examples of such an approach is the Act 44 of the constitution and Islamic Republic of Iran’s first to sixth economic, social and cultural development plans. The most important objective of privatization has been enhancement of the entities’ efficiency and optimization of resource allocation in the majority of the countries. Valuing the privatization is in fact supplementing the state and public proprietorship. Such an overlap can remove the gaps and impediments and concomitantly put into effect all the national talents and competencies. The present study aims at elaboration of the adopted by value – legal analysis of Islamic Republic of Iran’s governance approach towards the process and concept of privatization. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  4 - Protecting the constitution in the case of bureaucratic justice based on personal dignity and prohibition of dignity
  Mohammad Javad  Rezaeizadeh Vahid  Maleki
  20.1001.1.23833279.1399.10.40.13.7
  The constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and More

  The constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and validity of a constitution is maintained when all elements of the legal system are in harmony with it and the constitution is the dominant element in that system. The Administrative Justice Tribunal, which, under Article 173 of the Constitution, is the authority to deal with administrative disputes and to monitor the compliance of administrative regulations with Islamic law and the law; It opposes ordinary law and primarily the constitution and, by issuing judicial opinions as constitutional norms, has provided a valuable resource, namely judicial practice in the field. In the present article, while examining the aspects of judicial oversight over the administrative functions of the Court in the substantive jurisdiction of state law, the role of this judicial authority will be examined with a view to respect for persons and prohibition of dignity in the Constitution. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  5 - Moral autonomy in the Holy Qur'an
  mohsen bagheri seyed ahmad fazeli
  autonomy is a concept that has been in the field of politics since ancient Greece, but Kant assigned a fundamental role to it in ethics. He believes that the moral subject, in addition to being subordinate to the absolute, as the moral law, is also its creator. After Ka More

  autonomy is a concept that has been in the field of politics since ancient Greece, but Kant assigned a fundamental role to it in ethics. He believes that the moral subject, in addition to being subordinate to the absolute, as the moral law, is also its creator. After Kant, this concept found other definitions and positions such as personal autonomy and rational autonomy. In his book about autonomy, Dworkin gave a general formulation of moral autonomy, in which the axis is " owner to moral principles" with various meanings. In this article, the concept of autonomy and its components such as self- constitution, self-control, rationality, and independence have been explained from the perspective of philosophers, and then through these components, a reading of this concept in the Holy Quran has been followed. It can be said that autonomy is mentioned in some of its meanings in the Holy Qur'an and is considered one of the components of the moral agent. Manuscript profile