Articles
مطالعات حقوق عمومی (24238120)(1)pp. 309-329
Human rights is a superior and valuable system and an evolved and modern form of natural rights, which consists of four fundamental principles: "the principle of human dignity and dignity", "the principle of freedom", "the principle of equality" and "the principle of fraternity" and other principles and rights proposed in the human rights instruments are under the mentioned principles. On the other hand, administrative law, which is a sub-branch of public law and defined in the constitution of every political system, and compared to other legal trends, is nascent and new, deals with regulating the relations between the administrative apparatus and government organizations with individuals and citizens. Recent developments regarding the duties and performance of governments in the social arena and their use of public privileges in order to "advance public order and social services" have caused violations of human rights standards in the field of administrative law system. The important point is the impact of human rights standards on the decisions of administrative courts and the effectiveness of administrative proceedings from human rights standards. In this research, according to the examination of the administrative laws of Iran, England and Australia, it has been tried to take advantage of the judicial procedure that has led to the development and implementation of the principles and rules of human rights. The research method in this paper is based on library studies and analyzesinformation in a descriptive-analytical way.
مطالعات حقوق عمومی (24238120)(4)pp. 1357-1377
Implementation of development plans, where requires the possession of the citizens' lands, sometimes encountered property owners resistance and lack of compliance with these plans that ultimately ends with the compulsion of the competent authorities and the intervention of the executed agents with duress. But sometimes owners take action on the implementation of the plan and optional retreat with discretion and willingly. In this case, the right to claim for value by him has sometimes been questioned and denied by lawyers and courts. Judicial review also shows that most of them are deprived of claim for value and proof their rights and the municipalities have taken over part of their property for free. The present study seeks to examine the reasoning grounds of this category of courts and lawyers to argue on proving the right of this category of owners.
مدیریت فرهنگ سازمانی (24236942)(2)pp. 331-351
By assuming state obligation in citizen participation, present paper attempts to address the role of government in fostering public participation culture. According to authors, state real will plays a vital and undeniable role in attracting public participation path. Hence, states’ resistance and unwillingness to public participation in power exertion would pose a serious threat against public section. According to present paper, public participation is a radical factor on considering political regime as democratic which cannot be realized except than participation culture development and enhancement. Hence, the main concern of present study is on creating participation cultural grounds and emphasis on needed steps including citizen training, reintegration, orienting the participation, organizing effective groups in power, free media and deregulation to which the state should be obliged. Utilized methodology in present study is a combination of descriptive, analytical and causal techniques due to problem – orientation nature of the research.
Today, more than ever, “multi-national marriages” are taking place, consequently many of the rules of citizenship have changed. Many countries have accepted the equality of citizenship for each party of marriage in a multi-national family and have orientated from “unity of nationality” to the “independence of nationality”. Therefore, each parent can pass her nationality through it, and most countries have recognized it. Dual nationality may be happening more than ever and countries according to their own interests, have attempted to recognize and allow dual nationality and this type of nationality is expanding. Although context of nationality from multi-nationality marriages exists in Iran, the Iranian legal system has been less affected by the global developments. The principle still is the “unity of nationality” and transmission of nationality is possible only through father's nationality; although transmission of nationality may be on the basis of a single article of 2006 (Madeh Vahedeh, 1385), that is not enough. Although the dual nationality exists virtually, the Iranian legal system has not allowed it officially. Given the global development, it is better that the Iranian legal system based on the interest of country, reform and be compatible with existing realities and make it statutory. It can also be according to the new population policy of Iran.
