STUDIES THE STATE
Year:2019 | Volume:5 | Issue:17|Papers Count:6

The critique of the state and ruling elites is an important part of the political life of the masses, but the political action of the descendants in pre-constitutional era, with the exception of the rare cases of rebellion and riots, is reflected in their popular culture. Meanwhile, song is one of the most common genre of folk culture. The masses had to raise their protest or political views with simple or complex camouflages at the community level in order to remain immune from the harassment by the government agents. Oral capacities of folk culture provided them with a simple camouflage, and in sophisticated camouflage, taking advantage of the allegory and password, they created songs that made it possible for them to have both political and harmless readings. The research tries to answer these questions, what was the themes of the political folk songs in the pre-constitution era during the Qajar era, and what methods were used to cover these themes in songs? The premise of the research is that the theme of these songs was mostly based on the negation of the constructive elements of the "public view of government. " What is more, the government's covert threat and litigation were the other themes of these songs. The masses used to cover these themes through methods such as subtilized threats, symbolic reversal, the memorial of good natured ruler and naï ve king love. The conceptual framework of the research is “ Secret narrations” theory of James C. Scott.

The legislature is a manifestation of national sovereignty and one of the most important issues of policy and decision making in the country. Parliamentarians not only express their views on the status of the law, opinions but rather the selection of the Cabinet of Ministers and their removal, the comment declares themselves. Therefore the power of a parliamentary member is to apply his vote through voting. But how can this voting power be changed? The purpose of this paper is to measure the voting power of the members related to major political coalitions in the Islamic parliament using the theory of games. Using Shaply-Shubik's index, voting power of the three coalitions, reformist, and independent were measured in three election periods of 2007, 2011, and 2015. The results show that in the eighth period (2007-2011), all of voting power was for the principlists and the other two coalitions were dummy coalitions. In the ninth period (2011-2015), the voting power was again restored by the principlists and the other two coalitions were dummy coalitions. In the tenth period (2015-2019), despite the difference in the seats of the principlists and reformist and independent coalitions, the voting power is equally divided among all three coalitions. This is a very interesting conclusion that the number of seats in a coalition does not always reflect the strength of that coalition. It is suggested that the Islamic parliament Research Center use this approach in measuring the voting power of the fractions in the specialized parliamentary committees.

The decentralized organization pattern of the Islamic Republic of Iran provinces, along with a variety of public services and climatic, ethnic, cultural and religious differences, have made the country encounter a number of problems. It is evident to everyone that decentralization is one of the most effective actions for the development of countries; however, the implementation of decentralization policies has not been successful in Iran’ s provinces. In this research, the realization of local self-government is regarded as an aim for decentralization at the provincial level in order to scientifically identify the consequences of decentralization in the provinces. International status, geopolitical situation, unbalanced development and ethnic and religious variety have made Iran a special case of decentralization; hence, this study was carried out using a hybrid method. After studying the research background, 16 interviews with semi-structured elites were carried out. By analyzing the results of the interviews through content analysis method, seven outcomes of the Provincial Self-Governance include: "General Prosperity", "Income Sustainability", "Partnership", "Economic Agility", "Rule of Law", "Efficiency in Servicing", and "Separatism" was extracted from 20 categories, 112 concepts and 353 primary codes. Then, the model test by modeling the structural equations showed that the local self-government of the provinces has positive consequences in the social and economic spheres, as well as weakening separatism, terrorist activities, foreign interference and strengthening the Iranian-Islamic identity.

The function of protection institution of the constitutional in every legal system is always protecting the aspirations of the nation and fundamental rights. This institution can accelerate or even weaken the movement of people in countries that are transitioning to democracy. Public trust in these institutions is closely linked to their independence. The effective factor of this independence is the appointment of the judges of the courts. As for the various systems of selection of judges, it is possible to determine the extent and manner of the interference of other organizations in this regard. Iraq and Turkey, which have undergone democratic changes in recent years, have experienced varying degrees of independence and, consequently, legitimacy by following different patterns of selection of constitutional judges. With the implementation of administrative model, the Iraqi state has strongly influenced the executive branch, and the issuance of unilateral sentences for the benefit of the ruling party can prove this hypothesis. However, Turkey, deviating from the executive model and accepting a multi-domain pattern, has increased the participation of civil society organizations and other branches in the selection of court judges and increased the legitimacy of the court.

The institution of government as a major part of a community in Islam has a special place and in addition to its inherent functions such as the administration and ordering of social affairs, its existence is essential for the desirable achievement of the teachings and doctrines of Islam. However, due to the poor background about the dimensions of the Islamic State, questions and uncertainties about the origin of the state, its structure and its features, and on the other hand the relation between the state and civil society is discussed. Therefore, in order to understand the various dimensions of the Islamic state, familiarity with the state institution of Nabawi and Alawi, as the best historical model of Islamic state and the existence of the innocent Imam at the top of it, is the best source for introducing the Islamic state and explaining its indices to illustrate the desired Islamic state. Therefore, in this research, we tried to examine the different nature and dimensions of the Nabawi and Alawi government in a theoretical framework based on the three conceptual, structural and theoretical approaches with a descriptive-analytical method. Research findings indicate that the Nabawi and Alawi state have, with people’ s origin, a mechanical approach in the conceptual arena, and with a small structure, along with a limited definition of its main tasks with a broader scope, refers to a prescriptive and state-centered approach in the theoretical arena.

Due to the developments in social relations in modern societies, and in particular the importance of restrictions on the political power of governments, the rule of people and the protection of individual rights and public freedoms as the foundations of constitutionalism and constitutional rule, it seems to be necessary to introduce a new category of basic laws that are more consistent with modern constitutional rights and constitutionalism. Thus, all classical categories of constitutional laws are briefly introduced and criticized, and then a new categorization of basic laws to the liberal constitution and republican constitution is proposed and explained. As a result of this division, the state can be liberal or republican, but in the present time, both types of modern states must be constitutional. Of course, the republican holds this supremacy over the liberal state, which governs the protection of public freedoms. This essay is based on a fundamental assumption: the emphasis on the constitutional positivist concept. Since, the classical classifications are based on the inductive method; accordingly, the same method has been used to criticize and propose the alternative.