JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH
Year:2020 | Volume:2 | Issue:4|Papers Count:6

Today, the right to property is not an absolute right, and the legislature can, for some reason, impose restrictions on the right to property. For example, the requirements of the public interest in the protection of the country’ s cultural heritage can impose restrictions on the right to property of individuals. The government’ s registration of people’ s property in the National monuments list has several legal implications, including the rights and obligations of the owners. In Iran, we are witnessing various and scattered laws and regulations in the field of protection and registration of historical monuments and their legal implications and so far, no independent research has been done in our country on the rights and duties of private owners of registered monuments. In this paper, this question has been answered using descriptive-analytical research method and library data collection method that what are the rights and obligations of private owners of registered monuments? After registering a monument on the National monuments list, it will receive numerous legal protections, including physical and technical protection, and a variety of legal protections, as well as rights, obligations, and restrictions for private owners and occupiers, including protection, restoration, and transfer.

The idea of the rule of law is a cornerstone of public law in the field of constitutional law and administrative law and has its application. This idea, in addition to its formal and substantive components, means the legitimacy of all decisions and powers of administrative and political officials. However, one of the exceptions to the rule of law is the exceptional circumstances in which, in certain critical situations, the application of the law is suspended and shaken and does not have the quality of implementation under normal circumstances. The main question in the present article is what are the views and conclusions of the constitutional experts about the exceptional conditions in the special period of suspension and emergency of 1979? The fundamental legislatures adopted the Ninth, Sixty-eighth, Seventy-eighth and Seventy-ninth Principles with the content of exceptional conditions. The authors have come to a descriptive-analytical conclusion that although there were wide-ranging conceptionswhich restrict human rights and freedoms in the Constituent Assembly, the final and majority attitude of constitutional experts is to accept exceptional conditions at different times with a reasonable approach. And he was disciplined.

Documented in paragraph 10 of article 3 of the Constitution, establishing a proper administrative system is one of the issues considered by the system of the Islamic Republic of Iran. Undoubtedly one of the most important components of a proper administrative system is preventing legal anomalies in the executive organs or appropriate and efficient approach with them that ensures the health of the administrative system. In order to achieve this goal, in the Iranian administrative system, in addition to preparing external monitoring, various inter-organizational monitoring methods have been proposed to ensure the proper implementation of laws in the executive organs. In the form of descriptive-analytical research and by pathologizing the status of “ Legal” and “ Investigation of Administrative Offenses” Units As two effective sources to ensure the rule of law in the organs, It was concluded that the lack of organizational and functional independence for these two units has made it impossible for such units to be effective in performing their duties. Therefore, it was suggested that by redesigning the administrative system of the country, “ legal” and “ investigation of administrative offenses” units be placed structurally under the Ministry of Justice or the Legal Vice President and be located in the relevant agencies. Obese perspective, anticipating the possibility of proposing a legal deputy or members of administrative misconduct committees by the highest executive to the Minister of Justice or the legal vice president and appointing them can help them coordinate more closely with the executive.

Many writers and thinkers believe that the evolution of administrative law is inseparable from the rise and fall of theories of government and administration. In other words, changes in theories and approaches to managing public affairs and public administration have led to changes and the introduction of new approaches or frameworks in administrative law. In this article, we show that the transition from traditional views of governance to new public management and the emergence of regulatory governments, which see steering as the role and duty of government rather than rowing, and Privatization, deregulation, and the use of market style in the management of public affairs have led to the formation of a new generation of administrative law with distinctive features from previous generations. In this generation, which is called the “ new administrative law” due to the “ new public management” , instead of the previous command and control systems, the emphasis is on public participation with the private sector, and the distinction between legislative and law enforcement steps is in place and Has given a dynamic interaction between these stages. However on the one hand the roles and responsibilities defined in our constitution for the government, and on the other hand, the formation of a global trend to reconsider the market oriented conceptions of government and administration, has led to the achievements of the new administrative law in question. And its applicability in the legal, political and managerial environment of our country to face doubts.

Administrative police as a concept for maintaining public order was born in French law to secure public security, public health, public tranquility and human dignity. Considering it as a guarantee for rights and freedoms and hence the internal peace in the society would be no exaggeration. It is of great importance to exert judicial control over administrative police’ s actions and decisions. The importance is more obvious hereon due to its administrative responsibility and narrowing the scope of rights and freedoms while exercising police authority. Studying the verdicts of French Council of State (Conseil d’ É tat ) and content analysis both reveal that incompetence (subjective, territorial and temporal), non-adherence to administrative procedures or violating defense rights are some reasons that may cause the annulation of decisions. Proportionality as a well-shaped principle provides proper criteria for evaluating legality by deliberating the existence of potential threat for public order and the necessity of decisions.

In Iranian law, administrative proceedings are not very well known among the types of proceedings, which is why it is important to produce literature in this regard. The first thing about administrative proceedings is to explain the meaning of it. In the existing literature, some have defined it as a well-known and precise concept without definition, and some authors have defined it as well. Has reviewed and critiqued its definitions It has also provided ten definitions and concepts, and it is believed that the administrative proceedings are essentially Darcy’ s administration and are subject to review by quasi-judicial authorities and the Court of Administrative Justice.