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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2021
  • Volume: 

    24
  • Issue: 

    94
  • Pages: 

    189-214
Measures: 
  • Citations: 

    0
  • Views: 

    315
  • Downloads: 

    0
Abstract: 

The nature of the regulations of the supreme council of cultural revolution in the legal system and hierarchy of law sources, have preoccupied some researchers and the recognizing the status of these regulations seems necessary. Therefore, there have been expressed diverse views about the nature of the regulations by scholars to answer this question that whether the nature of these regulations is policymaking, lawmaking or rulemaking? with regard to this issue that the policymaking is based on the principle of rule of law and predetermined competence of legislature from one side and as well as if we consider this council as a lawmaker institution, we contradict the exclusive competence of parliament in legislating on the other hand, and also with regard to this issue that the devolution of competence for rulemaking is in the legislature competence, therefore it seems unlikely to consider the regulations of the council as one of the aforementioned titles and imagine legal effect for them. Therefore, in this paper I attend to clear the nature of this regulations and I'll try to with regard to the council's regulations examine this issue that whether these regulations are adaptable to these notions (policy making, lawmaking and rulemaking) or not?

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    24
  • Issue: 

    85
  • Pages: 

    121-144
Measures: 
  • Citations: 

    0
  • Views: 

    991
  • Downloads: 

    0
Abstract: 

Studying and exploring the patterns governing each subject leads to a systematic categorization of that subject and a better explanation of the developments of that subject in the course of history. Responses to the delinquency of children and adolescents in response to the delicate and vulnerable attitude of these people has undergone various developments and has seen various policy-makings by legislators. Given that the proper conduct of the judiciary for children and adolescents, due to its high importance, requires specific patterns and procedures, in order to anticipate special legal proceedings, the judiciary for children and adolescents in This is the forerunner for litigation and prosecution for children. The most important models for juvenile justice in the world can be looked at in three patterns of legalization, welfare and participation, and each model, like other patterns, has a specific basis that the selection of the most desirable model in each country is subject to policy. The criminal is that country. In this paper, in addition to explaining the most important models of responding to the delinquency of children and adolescents in the world, we examine the effects and conclusions of each of these patterns in order to determine the prevailing pattern of our country's criminal policy regarding the delinquency of children and adolescents.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    49
  • Issue: 

    1
  • Pages: 

    97-116
Measures: 
  • Citations: 

    0
  • Views: 

    2861
  • Downloads: 

    0
Abstract: 

Consequences of succession of states in respect of international responsibility, or state succession on international responsibility has been dealt with international law doctrines. The issue was postponed by international law commission (ILC) for many years, due to the highly controversial and dubious thoughts. There is a fundamental debate on the concept and existence, not merely the domain, of state succession on international responsibility, despite the other consequences of succession. Clarifying the conceptual framework, following the limitative categorization on the basis of legal deterioration or continuity of original state, the present paper saught to illuminate the conception in question has been in the process of rulemaking and showed that this international legal perception, despite the prima facie contradiction between the said conception and two main principles of international law, the principles of independent responsibility and clean slate, in fact, has been in harmony with its essence. The necessity of reparation and the linkage between population, territory and the successor state, and the objectivity of rights and obligations, requires transferring responsibility to the successor state. The said perception is regarded as the other exception to the mentioned principles, logically.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    40
  • Issue: 

    72
  • Pages: 

    87-122
Measures: 
  • Citations: 

    0
  • Views: 

    36
  • Downloads: 

    0
Abstract: 

Nowadays, it will not be possible to guarantee the implementation of international humanitarian law solely by establishing regulations at international levels. The cooperation of the international community is also essential for effective implementation. The European Union, as a regional organization with the authority to formulate executive policies for the member states, plays a role in this endeavor. The present research, utilizing an analytical and descriptive approach, examines the legal documents and practical procedures of the Union to assess its success in promoting this branch of international law in the face of regional and extra-regional crises through the enactment of new laws and the adoption of practical procedures. The authors of this research believe that although this regional organization has been successful in rulemaking and localizing international regulations, it faces challenges in operationalizing these rules. Finally, the findings of this research indicate that the application of the 2009 European Council resolution, titled the 'EU Guidelines on Promoting Compliance with International Humanitarian Law (IHL),' has resulted in the creation of valuable legal documents. However, political considerations have hindered the successful implementation of these regulations in various crises.

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Author(s): 

ASFARI MITRA

Issue Info: 
  • Year: 

    2017
  • Volume: 

    13
  • Issue: 

    46
  • Pages: 

    147-175
Measures: 
  • Citations: 

    0
  • Views: 

    695
  • Downloads: 

    0
Abstract: 

Anthropological studies on childhood who tried to define a culture of childhood have chiefly focused on behaviours, values, and norms between children in spaces designed for this age of life. The present communication deals with the following question: Is there any formation of a specific culture among children in spaces not designed for them? Urban spaces are designed mostly for adult use, but constitutes the main working and playing space of some childhoods. In the migration situation, for example, what role does the host neighbourhood play in the children’s conceptual world? How do children produce sense of and construct their social relations within urban spaces? In order to answer these questions we have conducted two ethnographic researches in the city of Tehran, one in the park and the other one on the crossroad. The active participation of the child as a social actor in redefining and organizing his physical and social environment is the main finding of this research. Based on the first field study we will be able to observe how a group of migrant children contributes to the integration of families and the ethnic group through its territorialisation in the park of the host neighbourhood. The second fieldwork will bring to light some rulemaking of begging children regulating their concurrence in an apparently dominated situation.

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Author(s): 

TABATABAEI NEJAD SAYYED MOHAMMAD

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2017
  • Volume: 

    47
  • Issue: 

    3
  • Pages: 

    471-489
Measures: 
  • Citations: 

    0
  • Views: 

    673
  • Downloads: 

    0
Abstract: 

The first and the most dominant function of the law is to regulate the conduct and private behavior in social life through legal commands. The choice at the rulemaking stage to frame a law command either as a rule (ex ante, limited-factor liability determinants) or as a standard (ex post, multi-factor liability determinants) does have implications for the efficient enforcement of law, given that rule-like and standard-like commands imply different sets of costs and benefits for the enforcement authority. Uniform rules limit arbitrary or partisan actions by election supervisors, canvassing boards, courts, and other decision-makers. At the same time, mechanical rules ignore important factors and can lead to the suppression of fundamental political rights. More flexible standards give decision-makers the discretion to protect political participation in particular contexts, but this discretion may also allow a decision-maker’s biases to enter the political process. The idea of a pure dualism between rules and standards is too simplistic; rather a continuum of intermediate commands exists. Therefore, there should be the possibility to detect an optimal degree of differentiation of law between the two extremes of rules and standards based on the general aims and function of the law and practical preferences. The paper investigates whether it is possible to assess such optimum and what are the determinants of it. At last, the paper concludes that it is impossible to prefer rule on standards or vice versa rather there would be a need for case by case evaluation to explore which rules or standards are likely to be preferable.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    1
  • Pages: 

    1-9
Measures: 
  • Citations: 

    0
  • Views: 

    8
  • Downloads: 

    0
Abstract: 

Background  Evidence on the impact of policies that regulate unhealthy food marketing demonstrates a need for a shift from pure industry self-regulation toward statutory regulation. Institutional rules, decision-making procedures, actor practices, and institutional norms influence the regulatory choices made by policy-makers. This study examined institutional processes that sustain, support, or inhibit change in the food marketing regulation in Australia using the three pillars of institutions framework – regulatory, normative, and cultural cognitive pillars. Methods  This was a qualitative study. Twenty-four in-depth semi-structured interviews were conducted with industry, government, civil society, and academic actors who are involved in nutrition policy in Australia. Results  The regulatory pillar was perceived to inhibit policy change through the co-regulation and self-regulation frameworks that assign rulemaking, monitoring and enforcement to industry bodies with minimal oversight by regulatory agencies and no involvement of health actors. The normative pillar was perceived to provide pathways for comprehensive statutory regulation through institutional goals and norms for collaboration that centre on a whole-ofgovernment approach. The framing of food marketing policies to highlight the vulnerability of children is a cultural cognitive element that was perceived to be essential for getting support for policy change; however, there was a lack of shared understanding of food marketing as a policy issue. In addition, government ideologies that are perceived to be reluctant to regulate commercial actors and values that prioritize economic interest over public health make it difficult for health advocates to argue for statutory regulation of food marketing. Conclusion  Elements of all three pillars (regulatory, normative, and cultural-cognitive) were identified as either inhibitors or pathways that support policy change. This study contributes to the understanding of factors that inhibit policy change and potential pathways for implementing comprehensive statutory regulation of unhealthy food marketing.

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