LAW & POLITICS RESEARCH JOURNAL
Year:2007 | Volume:9 | Issue:22 (SPECIAL OF LOW)|Papers Count:11

The administration of justice in the criminal affairs and the principles and methods upon which it is based is facing a serious challenge. This challenge is advocated by the rehabilitative approach wherein in context of justice administration it sees and recognizes the significance of the role which those whose interests are effected, in particular the local community, can play to this effect. This is in contrast to the traditional school of thought which attributes a pivotal role to the State as the sole and exclusive competent administrator of justice.For a local community to be able to resolve the disputes of a criminal nature fairly and hence ensures security there are certain conditions, requirements and needs which have to be met.The main intent of this Article is to examine the afore mentioned subjects.To this end it has adopted a manifold approach by first explaining the concepts of the local community and the rehabilitative justice and then embarking upon the question of responsibility of the said local community and the contribution which by its participation it can make to the resolution of criminal disputes. Some methods and approaches which in the context of the participation of the local community have been applied to this effect will also be examined.Following upon this, the Article will examine the feasibility of applying the said principles and methods in Iran. As a point of departure it assesses the historical and cultural backgrounds of the Iranian communities with a view to their specific locality. It then sheds light on the experience which these communities is this have had. In the light of the said examination the Article highlights and lays emphasis on the significance of the application of such an approach and the contribution which local communities can make to the administration of justice.

Consideration traditionally acknowledged principles in the field of intellectual property law, as soon as literary and artistic works get internal reflection, they should be protected apart from the type of expression, nature, purpose and their merit. However, this protection that created works are not against public and morality on one hand, and they posses originality on the other hand. Different law systems are unanimous about the necessity of obtaining originality as a fundamental and positive condition of protection. Nevertheless, the concept of originality has been changed due to social, cultural and technological evolutions. In this article, it has been attempted to deliberate the distinction of the originality in various works (undedr protection system of the droit d, auther), in addition to explaining the nation of originality.

Adopting an analytical- descriptive method, the present study attempts to make a critique of the legislative policy of Iran concerning the criminalization of sexual offences against children and the youth. In criminology, it is commonsensical that criminalization of a certain behavior is to raise the cost of crime for criminals, so that they would always assume that they would lose more than what they gain. Hence, attempts are made to assess the tenability of the present legislation in increasing the cost of the offence for the criminals by critically analyzing the attitude of the legislation body toward sexual offences against children and the youth, the definition provided for the crime and or elements constituting it crime- inducing factors in determining the right responses.

The Court of Administrative Justice as the sole administrative public judiciary forum has a unique role in its function to judicially observe and control the government activities. Safeguarding the people's rights against a powerful government necessitates the establishment of an independent and capable institute for harnessing the Government's power and ensuring that such power would not encroach upon the people's rights.The significance of this led to the establishment of the Court of Administrative Justice which is laid down in Article 173 of the Constitution and the formation of which is set out in the 1980 Act on the constitution of the Court of Administrative Justice.No doubt 25 years of judicial work and experience - during which the Court has been able to secure a balance between the power of the Government in performing its duty and protection of the people's rights - has earned the Court a high stature in the country.Yet, this is less than what is expected from a forum like the Court of Administrative Justice with such a significant purpose and function as those mentioned above. The need for enhancing the efficient performance of the Court and expanding the area of its competence were among the many issues which were suggested to rectify its weakness and which they found their place in the new Act of 2006. In the new Act, which contains 49 Articles, most shortcomings were overcome. Nevertheless, there are still many problems which the Act has failed to address. Not to mention but a few is the Court's jurisdiction and the need for its modification. Furthermore, the delphic structure of the text and its lack of clarity has acted as a stumbling block to the efficient functioning of the Court. The question of legal precedent and its retroactive effect is another daunting point which the Act has not been able to overcome and which is in sharp contrast with the principles of law.In a nutshell, the new Act and the process of its ratification and the seriousness of the challenge which it brings to certain legal precedents leaves one no alternative but to question the legitimacy of the Act and its progressiveness.

Public order and its insurance in the national legal systems is desired by the States because it secures their survival. For this very reason the judiciary power by the authority it is endowed with by the legislative and through the executive safeguards such an order. While the harmonization and adaptation of national public order with public interest constitutes a basic element of the State, it also depicts the extent to which the State represents the will of the public. International law and the legal system it advocates is also influenced by such interrelationship. This and the fact that justice in terms of time and space is a relative phenomenon and that the international community, because of the unbalance dictated by the presence of strong and weak governments, has itself become an arena in which unfair political inequality is prevalent; all in all lead to the conclusion that the establishment of a peremptory norm of international law in this respect is an indispensable necessity. As such the concept of justice cannot distance and disassociate itself from such sine qua non. The decision of the International Court of Justice in the Congo v. Belgium Case is a vivid example of such a need and is also illustrative of the fact that failing to address and tackle the problem of inequality would undermine the concept of justice and the significance which it has for the community at both national and international levels.

Whereas great investment in a infrastructure and national project considered as strong need for countries especially for developing countries but the states are not able to provide required capital for implementing such projects. So nowadays in these countries especially in developing countries a new idea appeared on which the projects can be done by participation of some domestic and foreign companies acting as contractor. This cooperation usually in such participations causes to attract investors and financers to finance the project. By this method not only private section may have an opportunity and possibility to enter into such a big projects but also by this way preventing from having ownership of public property on foreigner's hands. Some States for reaching to this goals, have recently laid down some certain acts governing on these kinds of participations because of requirements to financing, technology, know-how and experience and deferent experts and useful management. In spite of that, those countries which have certain law and regulations too, they have judicial practice indicating their serious attention to being useful of this method for improvement of their economy in their country. That's why this paper tries to state applicable rules and regulations on economic, legal joint venture institution in order to realize legal structure for j. v. agreement especially its international one not only in some foreign countries but also in Iran's legal system.In this comparative study we will understand legal gaps and limitations in Iran's legal system.

People's war is not a new concept as its implication and the impact it has on the preservation of national security has already been the subject of debate and examination in the military literature. Yet, most of these studies were confined to the political and security aspects of the issue in question without any attempt to take into consideration its legal significance and the impact which such legal relations may entail in this context.As is with other legal studies, the approach adopted in this essay is an impartial legal assessment of the concept of 'people's war' and its legal framework under international law. This is done in disregard with the political and military orientation within which any such war might have taken place. To this end, two different but in the meantime not unrelated schools of thought have been contrasted. The prime issues which in this respect are examined are the question of people's armed resistance and the distinction that exists between armed conflict and those conflicts in which people's presence and participation for maintenance of security constitute a major element thereof and which have been the focal point of attention in the military literature.Bys applying a multidisciplinary approach in our examination it is intended to provide a thorough understanding of the fundamental concept of national security and thereupon produce and propose an experience based and more workable guideline in this respect.

A derivative suit a lawsuit brought by shareholders of the company for the benefit of the company. The main goal of the lawsuit is to protect the interest of company in cases of lack of due diligence by directors of the company in pursuit of the interests of the company.Different legal systems follow differing positions regarding standing of a shareholder in filing a derivative suit. Under English common law and on the basis of land mark decision of Foss v.Harbottle the shareholders except in limited instances are barred from filing derivative suit. Whereas under the laws in different states of the United States the standing of the shareholders in filing a derivative suit is quite expanded. Under Article 276 of Iranian Commercial Code, as amended the principle of filing a lawsuit was recognized. In accordance with Article 437 of the project commercial Bill the extent of derivative law suits is greatly expanded. Our comparative study shows that the current Iranian law regarding derivative law suits in particular concerning such matters as settlement of the claim and withdrawal of the lawsuit shall be legislatively elaborated. The general principles of Iranian Code of Civil Procedure may not be helpful in resolving such issues.

The constitution can be seen as a charter between the people and their governments and as such it constitutes the main pillar and the basis upon which a country's legal system is founded, for which respect to its principles and their application must be safeguarded. This highlights the significance of the construction of the constitution and the scientific approach which in this direction must be employed.It goes without saying that the principles and methods which in this respect may be employed must be through a thorough theoretical mechanism which not only should not undermine the constitution but by contrast should contribute to the solidity of the legal system it represents. It seems that the realistic interpretation of the constitution is the most appropriate means for understanding and inferring the right legal norms.In this Article it is intended to examine the theoretical bases of interpretation of the constitution. The intent here is by studying different approaches which in this respect have been used and their relations with question of safeguarding the constitution, to provide suitable theoretical principles.The interpretation of the constitution in practice is another area in which the Article gets involved. In this regard it may be pertinent to point out, for an interpretation to be realistic certain means would be needed. This implies that it is the appropriate employment of such means by the relevant judge which would help to achieve the very purpose for which the constitution is legislated and which the legal system, in its entirety is based upon.

The UN peace keeping actions as the most significant and useful means of maintaining international peace and security, which during the cold war mainly had military function, by the termination of the cold war and collapse of the Soviet Union and the Eastern Block and the resultant outbreak of national and international armed conflicts and the subsequent conclusion of peace treaties between the conflicting parties - due to the good offices of the regional and international organizations - assumed new and in the meantime variant functions; politically, socially and economically.Some major parts of these actions have basically been devoted to the question of human rights and the missions which to this effect have been assigned. To this end and for the very purpose of maintaining peace, new structures, divisions and offices have been created; in consequences of which considerable activities and measures have been taken. The prime object of this essay is to explain, study and assess the afore mentioned activities and measures that have been taken by the peace keeping forces for human rights purposes. To this end, the study by highlighting the main issues of human rights as the fundamental functions of the relevant entities will examine the latter's actions. To this effect some examples are given.