Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Issue Information

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    26
  • Pages: 

    1-24
Measures: 
  • Citations: 

    0
  • Views: 

    685
  • Downloads: 

    0
Abstract: 

The importance of monitoring election is rooted in the distinguished position of the election in the context of law and politics. Election as a peaceful and legitimate process of transferring power is a mechanism for exercising self-determination right in order to achieve an effective and meritocratic system. Monitoring of the Guardian Council on the processes and stages of the election, in particular the parliamentary elections, has always been at the heart of Iran's election law discussions. The effect of this monitoring on the outcome of the election is beyond explanation and has been addressed in various studies and writings. The neglected dimension in the current literature is the approach of the Constitutional review entity regarding the scope and requirements of monitoring the election. This subject is explored through a procedural analysis approach. The findings of the research show that the approach of the Guardian Council conforms to the interpretative opinion of the Article 99 as well as with the concept and purpose of monitoring in public law. The opinions of the Guardian Council show "Effectiveness, " "specialization" "comprehensiveness, " and "Exclusivity" of the election monitoring.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    26
  • Pages: 

    25-46
Measures: 
  • Citations: 

    0
  • Views: 

    504
  • Downloads: 

    0
Abstract: 

The competent legislation based on the real needs of the society is an effective element in improving the quality of legislation and preventing the social and economic costs arising from poor quality legislation. Legislative needs assessment is based on citizens' right to determine their fate and to exercise their sovereignty. However, it is not possible to scrutinize the views of all citizens and the legislative needs assessment of all citizens in all matters, and also, along with the necessity to legislative prioritization of citizens’ and receiving their willing in the area of legislation, it is essential to collect stakeholders' views on the one hand and the opinions of experts and relevant specialists on the other hand. The main question in this research is that in Iran's legislative system, to what extent, legislative needs assessment is considered as an essential element in the competent legislation. Accordingly, in the form of a descriptive-analytic research, the result was that, firstly, the legislative system of the country regarding the legislative needs assessment has a weak literature and poor experience and is also neglected in legislative procedures, so that even, in practice, little value is given to those laws and regulations enacted based on the legislative needs assessment. Secondly, in order to lay down competent, efficient and responsive needs of the society, there is no choice but to strengthen the dimension of needs assessment in legislation. Thirdly, the legislative needs assessment is different from populism in the field of legislation, and on the pretext of populism, legislative needs assessment should not be put away.

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Author(s): 

Garousi Hassan | Baseri Babak

Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    26
  • Pages: 

    47-68
Measures: 
  • Citations: 

    0
  • Views: 

    908
  • Downloads: 

    0
Abstract: 

The bicameral legislative systems are the historical product of class societies, especially feudal systems in the 17th and 18th centuries. Other countries also created bicameral systems, influenced by the book of the Spirit of Law, the classical work of Charles de Montesquieu, who saw the British parliamentary system as the origin of progress, development and democracy. The legislative experience of some countries, such as Denmark, Iceland and the State of Nebraska, has led to changes in the structure of the legislature and the conversion of the bicameral parliament to a unicameral system. In this descriptive-analytic study, we compare unicameral and bicameral legislative systems. These systems have been examined by standards of law stability, legislative responsibility, legislative authority, decision-making quality, efficiency and economic viability. The greatest benefits of dual-parliamentary systems are legislative oversight and balance, pluralism and minority participation in the legislature. Nevertheless, the economics and legal efficiency of unicameral systems along with accelerating the decision-making process have led to change of some bicameral systems to unicameral ones.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    26
  • Pages: 

    69-88
Measures: 
  • Citations: 

    0
  • Views: 

    332
  • Downloads: 

    0
Abstract: 

In democracy-based systems, parliament plays a leading role in controlling the relations of powers with each other as well as with citizens. In our country the notion of this supremacy is based on the Iranian Constitutional tradition that in accordance with Article 71 of the Constitution, legislation on all matters, especially in administrative issues, is the right of the Islamic Consultative Assembly. But this role of the parliament in controlling the decisions and actions of the executive power does not necessarily result in lawfulness of the administration and maintenance of its proper functions. The increasing range of laws, coupled with the varied regulation of government, staffs and decision-making councils in this area, not only challenges the ability of the country's administrative system to provide efficient and up-to-date public services, but also have created many ambiguities for this system regarding the administrative issues including functional competence and employment, financial and administrative system. Ultimately, the Iranian administration's control of power is confronted with ineffectiveness. This research, while attempting to give a brief explanation of the causes of this inefficiency, will indicate its effects on the administrative system by examining various legal issues of public non-governmental organizations and suggesting solutions.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    26
  • Pages: 

    89-110
Measures: 
  • Citations: 

    0
  • Views: 

    313
  • Downloads: 

    0
Abstract: 

According to paragraphs (1) and (2) of the Article 110 of the Constitution, determining the general policies of the system and supervising their proper implementation are among the powers of the leadership. Nevertheless, the competent authority for supervising the proper implementation of the general policies has raised some challenges. This research, using a library method and in a descriptive-analytic research, examines the responsible entity and the manner for supervising the general policies in the legislative process. It seems that, firstly, the competence to supervise the proper implementation of the general policies of the system has been delegated to both the Guardian Council and the Supervisory Board for the Proper Implementation of the General Policies of the System (an elected body of members of the Expediency Council). Secondly, the Guardian Council in many cases has declared the enactments of the Islamic Consultative Assembly in contradiction with the general policies of the system. Thirdly the Supervisory Board for the proper implementation of the general policies is restricted to legal framework predicted for the Guardian Council including the timeframe. Fourth, based on the incompetence principle and the philosophy of the general policies’ promulgation, there is no legal possibility for the Parliament to insist on enactments inconsistent with the general policies of the system.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    26
  • Pages: 

    111-134
Measures: 
  • Citations: 

    0
  • Views: 

    923
  • Downloads: 

    0
Abstract: 

From an organizational perspective, judicial management means the institution and structure established by law to make justice which in the broader sense, include all entities created not for the sake of justice but for the management of the judiciary, such as ministries and judicial councils. In the EU member states there are three main models of centralization, semi-centralization and autonomy regarding the administration of the judiciary. The most important model is the diffused and council one. The main reason for the creation of judicial councils in the EU has been to keep judgments and judicial processes separate from political and external pressures, in particular the exercise of executive power. Judicial councils have led to upholding and promoting judicial independence by appointing judges with no intervention of the executive through a judge-made entity. Nowadays, there is a great tendency in the EU countries to manage the judiciary by means of such system. Judgment in the Islamic Republic of Iran Judicial System, based on the Islamic norms, is the authority of Vali-e-Faqhi (the Supreme Leader). Essential to mention that better arrangements for the administration of the judiciary in terms of composition, conditions of candidates and structure before the revision of the constitution could led to a better performance. By the way, the ten-year experience of council management in the legal system of the Islamic Republic of Iran was not so successful, and centralized management after the Constitutional revision has been a great remedy for the related deficiencies.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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