Journal of Comparative Public Law
Year:2025 | Volume:2 | Issue:2|Papers Count:6

Separation of powers is one of the fundamental principles of governance in modern legal systems, which aims to prevent the concentration of power and guarantee public freedoms. This principle has different manifestations in the thought of Jean-Jacques Rousseau and the legal system of the Islamic Republic of Iran. By emphasizing the public will, Rousseau introduces the separation of powers as a means to realize the sovereignty of the people. He believed that the legislative branch, which is the manifestation of the public will, has a superior position and the executive branch is the only agent for implementing laws. In contrast, in the legal system of the Islamic Republic of Iran, the separation of powers is accepted with a relative approach. According to Article 57 of the Constitution, the legislative, executive, and judicial branches are independent of each other, but are under the supervision of the Supreme Leader. This supervision, through the position of Velayat-e-Faqih, creates a kind of coordination between the powers, which is different from the concept of absolute separation of powers in Rousseau's thought. A comparative study of these two approaches shows that in Rousseau's thought, direct democracy and the general will are the main axis of governance, while in the Islamic Republic of Iran, a combination of democracy and jurisprudential principles is presented in the form of Velayat-e-Faqih. The results of this study indicate that although both systems seek to prevent the concentration of power, the difference in philosophical and legal foundations has led to differences in the way in which the separation of powers is realized.

The use of doping to gain an advantage over other athletes unfairly eliminates competitors from the field and deprives spectators of the fair competition they have the right to watch. Doping is a dangerous motivator for athletes, especially women, because doping disrupts their hormonal balance, which can lead to illness. In the following article, the performance of the Court of Arbitration for Sport and the European Court of Human Rights in combating doping in female athletes is examined using a descriptive-analytical method. The present article has shown that despite the Court of Arbitration for Sport and the European Court of Human Rights’ efforts to correctly interpret the European Convention on Human Rights in order to promote fundamental rights and freedoms, especially as can be seen from Article 8 of that Convention, there is still a need to review the domestic laws of states in order to reduce the volume of lawsuits and create a stronger legal framework to prevent doping by female athletes. This is because the use of doping in female athletes affects their pregnancy, health, and even their lives due to the severe hormonal effects it has.

The evolution of contemporary legal discourses, especially with the prominence of identity and cultural challenges and structural inequalities, has made the classical concepts of public law insufficient to respond to new demands. In the meantime, "collective rights" as a coextensive concept requires re-explanation in relation to the existing legal order and coextensive concepts. This article, focusing on the conceptual and philosophical analysis of collective rights, seeks to recognize the position of this concept in the system of public law, especially in distinction from individual, group and public rights. The type of research is theoretical-analytical and, by utilizing international sources, human rights documents and the opinions of contemporary scholars, reconstructs and formulates concepts such as "socialized individuality", "right to collective cohesion" and "identity-building rights". The study shows that collective rights have an independent identity based on shared belonging, historical memory, and the need for restorative justice and are not redistributable to individual or public rights. While public rights are concerned with the interests of the whole of society and the maintenance of public order, collective rights are concerned with the protection of groups with distinct identities and demand the redistribution of status and resources. The results of this analysis provide a conceptual framework for rethinking the design of institutions, multicultural policymaking, and legislation in plural societies, including the Iranian legal system, which faces diverse identity and cultural challenges.

Civil society, as one of the main pillars of democracy, plays a fundamental role in expanding political participation and creating transparency in rentier states.  In rentier states, the state's dependence on natural resources such as oil and gas reduces the need for public accountability and public participation, which leads to the concentration of power, the spread of corruption, and a decrease in transparency.  However, civil society can strengthen political participation and democratic processes by strengthening political awareness, supporting citizen rights, monitoring government performance, and creating a space for dialogue.  This study examines the challenges of civil society in rentier states, including legal restrictions, repression of civil activists, lack of independent institutions, and economic dependence of the people on the government, and also considers the opportunities available to strengthen the role of civil society.  This study, with a descriptive-analytical approach, seeks to answer the fundamental question of what role does civil society play in political participation and democracy in rentier states? This research emphasizes that rentier governments, by earning income from natural resources and gifts, imagine themselves as not needing citizen participation in various areas of governance, including politics, economics, culture, etc. ; and they take steps to reduce accountability to citizens and lack a sense of need for their participation, which ultimately leads to citizens distancing themselves from participating in determining their own destiny, weakening democracy, and the rise of governments with totalitarian government structures that pay little attention to the relationship between citizens and the government, creating serious challenges in society.

This article compares inheritance tax exemptions in the Iranian and English tax systems. In this article, the inheritance tax system in both countries is examined in detail, emphasizing the similarities and differences. Since taxes are considered one of the most important and main sources of financing public expenditures in any country, they require special attention. Traditionally, all tax systems have exemptions to encourage and motivate taxpayers to participate in economic and social affairs, and these exemptions can also be seen in inheritance tax. This research aims to answer this central question: What are the similarities and differences between the tax laws of Iran and the United Kingdom regarding individuals exempt from inheritance tax? In this regard, the following results have been obtained using a descriptive-analytical method: First, both tax systems have legal provisions regarding inheritance tax and tax exemptions. Second, in terms of tax similarities and differences, the laws of these two countries have minimal similarities. Thirdly, the most important difference between them is that the UK tax laws have a flexible tax system, while the Iranian tax system faces a stable tax system.

The BRICS alliance faces challenges in the realm of digital security, including the fight against terrorist crimes in the digital space. The misuse of digital platforms by terrorist groups for planning, communication, and propaganda threatens both the national security of BRICS member states and global security. By utilizing national and international legal capacities, BRICS member states can implement effective mechanisms such as multilateral legal cooperation, development of shared legal and legislative frameworks, and the establishment of international regulatory bodies. Technological sanctions are an effective tool for limiting terrorist groups' access to modern technologies and reducing digital threats. However, challenges such as political and economic conflicts of interest among BRICS members, legal differences in national systems, and the risk of human rights violations resulting from sanctions may reduce the effectiveness of these measures. This study, through a descriptive-analytical approach, aims to answer the question, "How can the BRICS alliance, considering the divergences in the domestic laws of its member states, create a common legal and legislative framework to combat terrorist crimes in the digital space?” Furthermore, it seeks to answer the question, “To what extent can technological sanctions be effective in limiting the exploitation of digital platforms by terrorist groups?" The study emphasizes the importance of international coordination in strengthening anti-terrorism regulations on digital platforms and reducing digital threats.