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No 4
Vol. 4 No. 2
2019
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Abstract Background and Aim: Restorative justice as one of the doctrines of criminology, following a critical approach to the criminal justice record and its scientific foundations, was introduced into the literature of the research and administrative fields of the criminal justice system in the late twentieth century. In the criminal justice system of Iran, the realization of the general principles of criminal policy requires consideration of areas and sets of strategic plans in high-level documents, including the Constitution as the top of the pyramid of legal norms and the source of criminal policy. The purpose of this research is to identify the areas, limitations and use of restorative capacities within the scope of the Constitution of the Islamic Republic of Iran. Methodology: The information required for the research is collected using a library method and citing scientific resources related to the subject of the research and then analyzed in a descriptive and analytical manner. Findings and Conclusion: Research findings on the analysis and evaluation of constitutional, binding and controlling principles in the constitution indicate that several principles have been enshrined in supreme restorative contexts that can bring us to justice. To restore it. However, there are also principles that emphasize that any theory will be formalized and implemented in the country only if it adheres to those principles (drawing on a specific structure of the criminal justice system). As a result, these findings can be further reinforced by reforming strategies, interacting with, and mitigating barriers to the formulation of restorative criminal policies in the Iranian criminal justice system and enhancing the effectiveness of Iranian criminal policy.
jehanshah shokry - Akbar Varvaei - Masoud Ghasemi
Keywords : Restorative Justice ، Elements and Principles ، Grounds and Limitations ، Constitution
As the most important legal establishment in the Islamic Republic of Iran, Velayat-e Faqih plays an important role in the direct and indirect exercise of political power. Its main function is exerting supreme control over all the branches of the state, including executive, legislative and judicial ones, coordinating and regulating relations between them, and resolving their disputes in various ways. At the same time, in view of what is stipulated in Article 57 of the Constitution regarding the independence of the three branches, the question is what is the role and status of the legislature and its relationship with Velayat-e Faqih in the constitutional law of the Islamic Republic of Iran and how relationship between them is defined, considering the status of other branches and governmental institutions? It seems that the independence of the legislature in the Islamic Republic of Iran is a legally accepted technique and that the three branches and other institutions must act within the framework of this technique, according to their own characteristics. But, Velayat-e Faqih is not considered a technique, rather it is the sole method of governing in the age of absence. In terms of status, the principle of Velayat-e Faqih takes precedence over that of the independence of branches. For this reason, the authority and jurisdiction of the Supreme Leader are much extended and the independence of the legislature is only an instrument in his service for better governance. This article is a descriptive-analytic research using library method to answer the above question
- ali ashrafian
Keywords : constitution ، legislative branch ، independence of branches ، Velayat-e Faqih ، legislation
The realization of socio-economic rights such as the right to work, the right to health, etc., which implies the attainment of a quality standard of living, entails the adoption of optimal economic decisions and the proper management of public resources, so that the economic model is a medium-term cost framework. Based on the theory of good governance provided by the World Bank in line with human rights goals, it has been implemented in many countries to alleviate poverty and promote shared prosperity. Therefore, the purpose of the present study is to first determine whether this economic model is necessarily compatible with any of the sources of international law, secondly, based on official World Bank statistics, by examining the Human Development Index as an index of economic and social rights, Investigation of inflation rate as an indicator of macroeconomic stability and examination of the state of financial discipline through the “Gross Debt-to-GDP Ratio” index, developed the results of the implementation of this economic model in two Asian countries and using an analytical-descriptive method. Explain from library sources The results of the research The World Bank's economic model suggests "Medium Term Expenditure Framework" On a legal basis, it can be assessed as an embodiment of "soft rights" within the framework of the United Nations Declaration on the Right to Development and is based on normative human rights order. On the one hand, the implementation of the"Medium Term Expenditure Framework" by the states has led to the achievement of good governance and, on the other hand, by enhancing the human development index and financial discipline, as well as stabilizing macroeconomics in line with internationalist telecommunications law can lead to effective and comprehensive realization of the right. Economic and Social Impacts This documentary model can also be used as an approach for Iran to illustrate the economics of the second step of the revolution, which implies strengthening the country's independent economy by adopting rational managerial relationships and avoiding defective and unbalanced budgeting.
- -
Keywords : Economic and Social Rights, ، Medium Term Expenditure Framework, Public Sector Economy, ، World Bank ، Economic and social rights
The Islamic Republic of Iran's geopolitical strategy for a peaceful nuclear technology as a sovereign state is crucial, but since access to this technology has been at the disposal of the world's major powers so far, Iran has faced opposition from these powers. This is going to affect Iran's national security. One of the institutions of sovereignty in the Islamic Republic of Iran that was created in the revision of the Constitution of 1989 is the Supreme National Security Council, to which Article 176 is devoted. It is a specialized body based on elements of consultation, support, procurement and public authority. Iran's nuclear activities are one of the most complex and critical of the international crises following talks on the adoption of Resolution 7 and the ceasefire with Iraq. The constitutional approach of Article 176 has provided this body with the guarantee of national interests and protection of the Islamic Revolution and of the territorial integrity and sovereignty of the Islamic Republic of Iran and the international community for many years. It has definitely played. The Supreme National Security Council is regarded as the highest security institution in the Islamic Republic of Iran system, based on the Islamic Republic of Iran's religious foundations. In essence, the hierarchy of legal rules, with a view to the competences of this particular basic body, which is composed of high-level officials in the political, intelligence and foreign dimensions, is the highest National Security Council after the leadership body whose highest authority is enforceable; Supreme National Security with leadership approval is in place for all executive agencies in the country and no longer needs to be routed through common law. Therefore, the process is expeditious and out of the system of administrative bureaucracy and decisions are quickly transformed. Since the present study is a descriptive-analytical one, the method used for data collection is libraries.
Ali Ghorbanpour - -
Keywords : National Security ، Explanation ، Nature ، Qualification ، Supreme National Security Council ، Nuclear Decisions
Considering the right to a healthy environment and protecting it from issues that have attracted many scholars in recent years, this issue has a particular bearing on human rights issues and in the context of international environmental protection documents. The right to a healthy environment is one of the most important aspects of citizenship law. In Iranian law, this right has been recognized and derives its basis from the principles and concepts of the Constitution. Recognizing the right to the environment at the level of national norms since the last years. The second millennium has begun. In Iranian law, Article 4 of the Constitution is the most important basis for the right to a healthy environment and for the public good, but in the context of the rule of law, some of the concepts in Iran are unknown and it is necessary for the legal system to effectively identify the rights of its citizens. In sum, this right appears to have been inferred in Iranian law from the point of view of the rule of law in the form of Article 4 of the Constitution. In terms of international treaties as well as Iran's domestic law, penalties have also been considered in the present article. This article investigates the question of what is the status of the right to a healthy environment in Iranian law, as well as the relationship between environmental right and public interest. This is a descriptive-analytical text
Mohammadi - Ahmadi
Keywords : Right to a Healthy Environment ، Public interest ، Citizenship

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