MAJLIS & RAHBORD
Year:2018 | Volume:25 | Issue:95 |Papers Count:14

The structure of enacting economic laws-the method of adequacy of non-contradiction-has led to institutionalization of a specific economic structure in Islamic Republic of Iran. In addition, sometimes the Guardian Council recognizes legislation contrary to the constitution law or Islam but regarding the process in which the Expediency Discernment Council follows, it will be enacted. The enacted laws through the Expediency Council are valid until the expediency remains but all the cases have been considered permanent so far. It seems that this is one of the causes of economic problems in Iran which requires more deliberation on the usage of the method. Therefore, the jurisprudence system faces the question: Is the method of adequacy of non-contradiction valid in economic legislation, and consequently, would be the economic structure derived from the method applicable? Based on this question, the postulation and hypothesis of the research is: although the method of adequacy of non-contradiction is valid in individual behavior and economic relations, but in behaviors and economic relations at macro and in economic legislation and consequently in the economic structure derived from the method it faces a serious deliberation. The answering of the question and proving the hypothesis, based on library study method, are pursued by descriptive-analytic research method. It concludes that although such a method is valid in individual behaviors and relations but requires a serious deliberation for the behaviors and economic relations and legislation at macro and there should be another method in the discovery of economic model of Islam and in legislation too.

This study aims at investigating impacts of social networks on the transformation of collective identities. The article sheds light on this issue by analyzing how using new technologies including social networks embraced by theories of Giddens and Castells can be influenced individuals’ identities. Our study populations are Isfahan city citizens which were selected 536 of them as a statistical sample by proportional quota sampling. In this regard, results reveal that social networks have both the greatest and the least effects on modern and national identities respectively through using different coefficients of determination (of 11. 4% & 1. 5%). But the research findings show that while some components of social networks have significant negative impacts on religious and national identities, duration of membership in virtual social networks as well as the realization of social networks’ contents has had positive impacts on their orientations towards the modern identity.

Nuclear sabotage is considered as acts against nuclear safety and security. To deal with it, policymakers in some countries of the world have chosen “ criminalization” by using international doctrines. However Iran has not joined the respective international Convention for “ The Suppression of Acts of Nuclear Terrorism” yet. Also, its criminal law does not accord with it. Thus, disciplinary actions should be taken according to the general provisions of sabotage on the Tazirat Act, Computer Crimes Act, Radiation Protection Act, or other offences such as spreading corruption on earth. While regulations of nuclear sabotage are inconsistent with criminal nuclear sabotage, they are also incomplete and outdated. Hence, the study aims to perform pathology of national criminal laws on nuclear sabotage with a view to the criminal laws of Some Countries such as Canada, America, Russia, and Japan.

Food safety defined as a basis of the development, health sustainability indicator and welfare of the community. In line with the research goals for the accessibility of food safety, the relevant policies should be changed or general policies must be developed. This qualitative research was carried out on the basis of (Ann) Majchrzak Method for policy research as well as semi-structured interviews as a qualitative method of inquiry was used in the present study. Totally, 25 experts on food safety were interviewed about policy research process including policy change wheel in 2017. Also, conducting Qualitative Data Analysis (QDA) relies on MAXQDA (2007) method. Findings of the research on the structure of food safety policy were discussed in six categories including transparent and comprehensive policy making as context, community health maintenance (as a phenomenon), the inefficiency of existing policies on food safety as causal conditions, Compilation and implementation of complementary interventions as operational strategies, social empowerment as an intermediary as well as the accessibility of sustainable society. Results show that the process of policy research on food safety is a dynamic, complicated, permanent and correlative concept which is influenced by effective factors on policy making. Furthermore, it is noteworthy that the process of policy research on food safety can be affected by the inefficiency of existing policies on food safety, compilation and implementation of complementary interventions and also social empowerment.

e legal system of the Islamic Republic of Iran has foreseen non-judicial control methods to protect the Sharia and the constitution and this is done by the Guardian Council. While the Iranian constitution on different principles than "constitution" and "Sharia" as the main norms Guardian Council to review the decisions of Parliament have anticipated; but by examining the practical practice of the Guardian Council it is clear that this council has, in some cases, adopted its own norms, such as ordinary laws, The decisions of the Expediency Discernment Council, the general policy of the system, the statutes of some revolutionary institutions, and so on. In this article, by carefully examining the norms, it is clear that the implementation of parliamentary approvals with the general policies of the system and the statutes of some revolutionary institutions is justified because it is approved by the Supreme Leader and is considered a government decree and it may also be possible to implement parliamentary approvals of some of these norms in order to improve the quality of the law and to bring transparency to the rules. This is despite the fact that the implementation of parliamentary approvals by the Council of Ministers by the Guardian Council is not rational and legal, even if it is aimed at disambiguation and transparency in the laws. This paper tries to criticize the Guardian Council's practical approach with an analytical descriptive method and providing examples of these norms.

The housing sector and capital market are known as the main investment options in each country that they have been recently taken into consideration as a focal point for legislative institutions and economic policy makers (particularly, since the start of financial crisis). This paper examines dynamic conditional correlation and volatility transmission between the housing sector and capital market from 2005 to 2016 through using four Multivariate GARCH Models. The survey revealed the volatility transmission between the housing sector and capital market on various levels. Also, results of the study imply a positive cross-sectional correlation between two markets in the long run in spite of negative impacts of housing sector shocks on the capital market in the short run. The issue can be played a major role in explaining the exact movement between two markets with a view to understanding investment flows in Iranian society as well as considering systemic dimensions of volatility in the housing sector. This article offers to establish a financial stability and development committee (on financial-mortgage products) to oversee a severe and escalating financial crisis as well as assist with de-escalating a situation.

The review of MPs’ legislative behaviors in carrying out their parliamentary functions including legislation is of great importance. With regard to the complicated legislative process, parliamentarians’ perceptions can play a major role in their legislative performances such as drafting as well as approving laws. The present research aims to identify effective cognitive factors on parliamentarians’ perceptions through using a classic grounded theory approach. Data analysis in the coding process resulted in the emergence of ninety codes, twelve concepts and three categories, two propositions and seven sub propositions. The analysis of data shows that cognitive factors can affect the MP’ s perception through two mental models and processes categories. Mental models involve four concepts of political ideology, the inclinations of political parties, beliefs and attitudes also historicism. Mental processes refer to the attention, self-awareness and analysis power. In the present research, the process of how to reach these mentioned concepts as well as two main propositions are explained in detail.

Although historical background of academic discussions on political development, at the international level, refers to fifty years ago, human societies have been always seeking to achieve political indicators of the development as well as the desirability of political development as unachievable goals, especially in recent centuries. Iran can be made such progresses in order to achieve this goal since the beginning of this century. There are major political developments in Iran's contemporary history such as the Constitutional Revolution (1285), open political atmosphere caused by the change of power in Pahlavi Dynasty (1320), the nationalization of oil industry and the pursuit of a democratic government by Dr. Mossadegh (1329-1332), and also the Islamic Revolution of Iran in1979. The present study lays out indicators of political development as well as the desirability of political development through using Samuel Huntington’ s thesis of democratic waves as well as it analyses socio-political situations in different eras of Iranian contemporary history on research process-based method with an approach on futures studies. Results of the research process reveal that in spite of lengthening to achieve the process of political development, gradual pavement of infrastructures of development as well as its institutionalization (after Islamic Revolution) caused that some processes such as undevelopment or authoritarianism will be disappeared much in Iranian society.

Following the adoption of Article (167) of the Constitution of the Islamic Republic of Iran, various views have been raised to legitimize crimes and punishments as well as their position in the legal system which have been always facing different jurisprudential-legal challenges especially, in the criminal area. Thus, The Guardian Council has put forward its own single theory. According to the Islamic Penal Code (of the Islamic Republic of Iran-2013), the criminal status-quo has been changed in bid to settle disputes. Regardless of these discussions, the main questions are come up with that how can the mentioned Article be enacted? What is an appropriate criterion to implement Article (167)? The research investigates the Guardian Council’ s opinions as well as the survey of new criminal provisions on Article (167) and how its relationship to the criminal law in the light of the understanding of legislatures through library-based method in order to provide a practical approach on the implementation of this Article by judiciaries. This Article argues that the criminal law on the explanation of Article (167) of the Iranian Constitution concerning Article (220) of the Islamic Penal Code is not similar with penances and discretionary punishments. Also, despite ordinary laws which generally should play a major role in transparency, explanation and efficiency of the constitutional principles, they are so brief and general that their results cannot be efficient and fruitful including Article (167).

Language is means of conveying messages and the Government uses it as a way how to express its will as subjects of the law. Legislative approvals which have been often originated from a wide variety of parliamentarians’ inconsistent proposals based on their individual and political conflicts may be lack of transparency to convey messages appropriately. Perhaps the legislator cannot absolutely be wise, and inevitably, he/she fails to express his/her intentions. There are many examples of these failures in Iranian Private International Laws such as Articles (963), (968) and (973) of the Civil Code of the Islamic Republic of Iran also the Act on “ facilitation of nationality for children who come from the marriage of Iranian women to foreign men” (which has been recently approved). A linguistic approach to the research shows that inevitably, the Iranian Civil Code requires to rewrite substantively and formatively; regardless of any fundamental change of the International Private Law.

Nowadays, Water contamination is one of the major problems and challenges in the world that can be considered as one of the main factors of diseases and mortalities in the world. Both surface and ground waters are exposed to the different contaminants. With regard to the nature and source of their entrance (man-made or naturally occurring), various classifications have been considered for contaminants. The main organic contaminants of water are agricultural, chemical, oil, and food contaminants. Each of these four groups has sub-criteria. In this research, water contaminants in oil and petrochemical industries have been identified and ranked through using Principle Component Analysis (PCA) as well as Analytical Network Process (ANP) methods. Results of Principle Component Analysis method reveal the fact that lead, nitrate and sodium contaminations have been ranked at the highest level from the environment experts’ point of views regarding water contamination. Furthermore, results of ANP show that agricultural and oil contaminants with the weights of 0. 321 and 0. 152 ranked first and fourth respectively. Finally, I hope that the relevant organizations can take effective steps to prevent environmental degradation which is created by oil and chemical industries contaminants.

This article discusses the main principles of petroleum contracts model based on mutual transaction and its four generations. The relationship between the mentioned model and Articles (77) and (125) of the Constitution of the Islamic Republic of Iran have been examined to answer some questions for example, Can presentation of the model be considered as the delegated powers? What is the distinction between the content and criterion for contractual laws and regulations on the ministries’ functions? Has it been observed in practice? Is the model consisted with the upstream rules as well as Principles of the Constitution of the Islamic Republic of Iran perfectly? If one of the parties is apparently Private Corporation, can be sufficient to violate the Article (77)? What if a government (as one of the parties) comes up as a corporative party? According to the Article (44) of the Constitution, any decision will be made accordance with the parliamentary approvals unless this authority is assigned to the Cabinet of Ministries under the Constitution. The Article ends with pointing to the observance of the Rule of Nafye Sabil (i. e. non-Muslims have no authority over Muslims as well as participating in int’ l organizations) as an upstream rules in arranging and modeling petroleum contracts which requires overseeing capacity in our country.

The "Sanction" is one of the US's durable policies against the Islamic Republic of Iran during different periods from Jimmy Carter to Donald Trump administrations. This article aims to present a review of sanctions imposed against Iran during the Obama Era, with a view to analyzing the concept of power. The key question which is raised is "What kind of power was effectively used towards Iran during Barack Obama’ s Presidency? Exercising American “ Smart Power” in Iran is considered as a hypothesis of the article. Findings of the article show that the exercise of Obama administration’ s smart power in the Iranian government was influenced by the postmodern era as well as changing the concept and use of power. In international relations, the term of smart power strategy refers to the combination of all components of hard and soft powers such as using diplomatic capacities, surge in diplomacy, power of cyber (security) and information technologies, economic and cultural powers, international institutionalism, int’ l consensus also public opinions and imagination. Raw data of the research has been collected through library-based surveys as well as analyzed by a descriptive analysis study method.

This study aims to evaluate the productivity (efficiency and effectiveness) of the selected Islamic Interest-Free Banking System Banks of the Islamic Republic of Iran. The present research is developmental as well as its data have been collected based on analytical-descriptive method. The article is documentary, library and questionnaire-based survey. Productivity of Iranian selected banks was evaluated through using Data Envelopment Analysis (DEA) Approach on two scenarios (output of Value Added and output of total revenue) during 2014-2015. Results of the study show that a combined approach (a combination of brokerage and productive approaches) was selected to identify inputs and outputs of the Islamic banks. According to the results of the first scenario (output of total revenue), five banks were identified as efficient selective banks in 2015. But in 2014, only three banks could be categorized among efficient banks. But regarding the second scenario, these figures were reduced to three banks and even the one in 2015 and 2014 respectively. Consequently, it is noteworthy to highlight that changing banks’ output from total revenue to VA will be led to improve their productivity.