JOURNAL OF PUBLIC LAW KNOWLEDGE
Year:2020 | Volume:9 | Issue:27|Papers Count:6

Regarding the late payment damages, Iranian legislation has passed two steps: 1. The pre-revolutionary period 2-The post-revolutionary period of the Islamic Republic of Iran. During the first period, the legislature accepted the compensation for late payment damages over various issues. After the revolution, the legitimacy or illegitimacy of the compensation for late payment damages became the central issue for the legal jurisprudential society. Examining this question among the views and opinions of the Guardian Council is the basis of this paper so as to determine whether the Guardian Council has a stable view on this issue or the attitude over this subject has been different by changing the members. This article indicates, through the descriptive analytical method and based on the available data, the Council has always had a stable view in this regard based on the usury nature of the late payment damages. It is worth mentioning that in those minor cases where the Guardian Council has accepted the compensation for late payment damages, strong jurisprudential and legal justifications can be raised, which ultimately leads to the partial acceptance of the compensation for late payment damages.

According to the Articles 159 and 36 of the Constitution of the Islamic republic of Iran, sentence to punishment and its execution is solely possible by the decision of a competent court and also, the official authority for complaints and appeals is the judiciary. Family crimes are also subject to this rule. The question is whether the legislature has delegated this task to the judiciary in general, or the inability to achieve practical justice can justify the deviation from this feature in family petty and insignificant crimes. This article is done through a descriptive-analytical research based on the documentary library method. This paper strives to explain the nature of petty and minor offenses in accordance with the constitution of the Islamic republic of Iran and the primary laws and then, the effects and consequences of these offenses are examined. The Findings indicate that explaining the quiddity of the petty and minor crimes is the first step in determining the jurisdiction of non-judicial authorities in dealing with these crimes. However, there is no clear definition and apparent indices regarding minor offenses in the mainstream legal instruments. In addition, the existence of non-judicial institutions alongside the judiciary to deal with petty crimes is not inconsistent with the Articles 36 and 159 of the Constitution; because these institutions are complementary to the judiciary and serve in line with the purposes of this branch and reduce the harms caused by numerous criminal cases especially regarding family sphere.

Section 115 of the Constitution of the Islamic Republic of Iran, states the requirements for the presidential candidacy. Top management abilities, contriving and solution finding, being a politician and a religious person are some of those requirements. As the assessor of presidential adequacy, the Guardian Council of Iran stated its own definitions and standards of these four requirements in a legislation, which is legislated in order to implement section 10, part 5 of the Iran’ s public policies on elections. This article analyzes these definitions by a descriptive-prescriptive method, not only to illuminate the legislation, clarify and solve its difficulties, but also to elucidate standards, used by the Guardian Council in a process of investigation of verisimilitude of the four requirements in presidential candidates and to lighten the workload the Parliament of Iran must do to legislate in this field. By elucidating and analyzing the four definitions, this article solves the difficulties and demonstrates that only two jargons used in the definitions require to be clarified by the Guardian Council interpretation or the Parliament legislation.

Although many experts have tried to prove the offender's liability for paying medical expenses surplus to Blood-Money by using rules such as rule of prohibition of detriment (La Zarar Rule) or Causation rule (Tasbib Rule), but despite the fact that the offender's liability was mentioned in various enactments, the jurists of the Guardian Council knew it contrary to Sharia and hence, the parliament was forced to remove them. Nevertheless, the Guardian Council has confirmed the conviction of the offender to pay these expenses in the Law on Intensifying the Punishment of Acid Spraying approved in 2019. So, the question of this article is to analyze the basis for different approaches of the Guardian Council toward this issue. Considering the detailed negotiations of the jurists of the Guardian Council indicates that most of these jurists have been opposed to this issue due to the lack of jurisprudential evidence, as well as the opposition of Imam Khomeini and the Supreme Leader in this regard. In contrast, some have tried to justify the offender's liability to pay these expenses by presenting new reasons. This article through a descriptive analytical method indicates that the reasons for the conviction of the offender to pay these expenses can be criticized and only in deliberate crimes like acid spraying, if the Supreme Leader allows, the felon can be sentenced to pay these expenses.

Administrative regulations are general applicable rules of an administrative agency which effectuates and interprets a law or policy. General Board of Administrative Justice Court (AJC) has the competence to adjudicate the petitions, plaints and objections of citizens against by-laws and other regulations of governmental and municipalities and public non-governmental agencies. The competence of divisions and general board is separated from each other and the substance of administrative actions, under their competence is also different. This article, by scrutinizing on the precedent of the general board, tries to conceptualize the "Administrative regulations" and presents the criteria for clarifying the concepts and instances of those regulations in according to the general board's precedent. Administrative regulations as a body of legal rules have the characteristics of generality and obligatory, and the general board of AJC recognizes it as well. If an administrative enactment includes a specific decision without any general aspect, it is not considered as an administrative regulation. Likewise, if it contains a proposal, consultancy, expert opinion or signification of an enactment, it won't be mandatory and it is not an administrative regulation.

Islamic Republic armed forces active role in the Middle East armed conflicts especially in Iraq and Syria against Takfiri terrorism poses many legal and political questions among domestic and international public opinions. It is particularly outstanding when it becomes clear that the Islamic Republic role is more determinant than engaged countries. Since the principle of renunciation of force in international relations is the main reason of formation of United Nations, also restricting the use of war to self-defense, the question is the manner to justify the role of the Islamic Republic's armed forces in armed conflicts beyond territorial borders based on the Constitution; the manner in which the Constitutional capacities and the principles set forth in it conform with the international law principles including equal sovereignty right, right to self-determination and the principle of non-intervention in the internal affairs of other countries. This article, through a descriptive-analytic approach considers such issue. The findings show that the Islamic Republic Constitution, as the result of an ideological revolution, and religious civilization-maker, has paved the way for legitimization regarding participation in fighting Takfiri terrorism, defense for the Muslims and the oppressed people from the view point of religious teachings and to preserve national interests and self-defense.