Public Law
Mojtaba Asgharian; ali bahadorijahromi; mohammad sadegh farahani
Abstract
The performance of professional jobs for the public interest of society and their entry into the field of public services, doubles the need for government intervention in regulating the rules governing their performance. The present study, by exploiting the studies of the control library and adopting ...
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The performance of professional jobs for the public interest of society and their entry into the field of public services, doubles the need for government intervention in regulating the rules governing their performance. The present study, by exploiting the studies of the control library and adopting an analytical-descriptive approach, in order to explain the components of government intervention in regulating the legal profession, has reached the conclusion that contrary to the idea, the UK government intervenes in three levels of criteria. Governing the "structure and organization of the legal profession", "how to enter the legal profession" and "professional tenure" to pay the legal regime governing the legal profession is paid. Items such as "Determining the legal nature of the Bar Association", "Comprehensive government oversight of the Bar Association and the legal profession", "Regulation in the field of advocacy", "Reporting the Bar Association's obligation to nine government governments", "Reviewing the Bar Association's request and supervision On the approvals of the pillars and management components of the association "," Obligation to apply transparency in the performance of bar associations "," Determining the conditions of representation and admission "," Intervention of lawyers' training "," Intervention in the names in the list of lawyers "," Establishment of lawyers 'disciplinary courts and investigation of their violations "," Regulation of public oversight of Uber Bar Associations "," Regulation of government oversight mechanism in Bar Associations "," Supervision of lawyers' training "," Determining the amount and "How to obtain attorneys' fees", "Suspension and revocation of attorney's license", "Prohibition of attorney by qualified persons", "Control over employees and attorneys" and finally "Regulation of the mechanism of attorneys and non-attorneys" are examples of government intervention in England The establishment of bar associations in this country is considered.
Criminal Law
HOJAT NAJARZADEH AHARI; Mohammad Ali Ardebili; Nasrin Mehra; Mohammadali Mahdavi
Abstract
The exchange of public interest with private interests is a brief definition of “corruption”, and its existence indicates the misfunction of the public institutions. Corruption is an anti - value phenomenon and is disruptive to the rule of law, so that prevention of it is an undeniable necessity ...
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The exchange of public interest with private interests is a brief definition of “corruption”, and its existence indicates the misfunction of the public institutions. Corruption is an anti - value phenomenon and is disruptive to the rule of law, so that prevention of it is an undeniable necessity for governments. More than that the prevention of corruption directly relates to the legitimacy of each country’s political systems. Meanwhile monitoring the property of public officials is one of the tools of preventing and combating corruption in most countries. It is often impossible to detect and prosecute corruption offenses because of the hidden nature of these crimes. Yet the best solution for overcoming this problem is to focus on the property of the officials. In line with global developments and the desire to keep up with the means of fighting with corruption, laws have been passed in Iran to stand against corruption. The law of property monitoring of authorities, officials and agents of the Islamic Republic of Iran approved by The Nation’s Exigency Council in1394 is one of the results. The adoption of the Act itself is a step forward, but its effectiveness and usefulness must be measured in practice. From the surveying that have been carried out, it becomes apparent that the defects in the above law are noticed, including the fact that the mechanism for checking the property during the service has not been conceived, as the important discussion of the conflict of interest has not been mentioned and the law has not been sufficiently sanctioned. In short, the accepted standards of developed countries in combating against corruption are not included in the Iranian Law, and the need to resolve and correct the weaknesses of the law is strongly felt.
Alireza Dabirnia
Abstract
The existence of numerous supreme councils in the iranian legal system and their’s practical independence from the executive has raised ambiguities in the status and authority of these councils thus research of them is important in constitutional and administrative law. Because the strict separation ...
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The existence of numerous supreme councils in the iranian legal system and their’s practical independence from the executive has raised ambiguities in the status and authority of these councils thus research of them is important in constitutional and administrative law. Because the strict separation between the executive and legislative affairs has not been done in the legal system thus establishment of the supreme councils by parliament can limit the authority of executive and increase the power of parliament.The supreme councils which established by parliament within the executive, cause an imbalance of power between the legislative and executive. "sovereign from and by the people" - regardless of the superior of each powers - has emphasised in the fifth part of constitution thus any interference by each of the powers within the other, may be considered as a undemocratic methods. Did you mean: از سوی دیگر «اصل صلاحیّت» در حقوق عمومی به هیچ قهوه ای اجازه نمی دهد تا نسبت به توسعه اختیارات خود بدون وجود تصریح در قانون اساسی اقدام نماید The principle of " Incompetence " in public law does not allow to any powers to increase their’s competence without any stipulation in the constitution, otherwise any unauthorized power development considered as a violation of people’s sovereignty. Regardless of the lack of strict separation between legislative and executive powers in the legal system, there are some supreme councils with the higher authorities but do not considered as a part of executive power. The supreme councils have features such as; legal position, regulatory or policy actions, using some powers of ministers, dominance of appointed members on Ministers and lack of effective supervision on activities of supreme councils.These features cause the formation of alternative political power to doing professional executive affairs beside the ministers’s authorities. In this situation, there is no supervision of the executive and legislative powers on the supreme councils activities.
shahram Ebrahimi; Abdoullah ezadi
Abstract
Reformation strategies might be categorized into three levels in terms of the stage of its performance topic. In the stage of outside of criminal environment, the three strategies of supporting the set free prisoner, developing the community-oriented punishments and oversight and controlling and practicing ...
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Reformation strategies might be categorized into three levels in terms of the stage of its performance topic. In the stage of outside of criminal environment, the three strategies of supporting the set free prisoner, developing the community-oriented punishments and oversight and controlling and practicing function. The existing examples in Canada indicate the local, intellectual, and religious-oriented nature of support strategy; the rule-oriented nature of the development of community-oriented punishments strategy; and the comprehensive and purposeful nature of oversight control and practice strategy. In other words, the existence of a strategic discipline is apparent in this system. As for that of Iran, though the strategy of developing community-oriented punishments has currently been advocated, the necessary conditions to practice them are not available and therefore, its failure is not a surprise. Besides, the strategy of support has not welcome in practice. Regarding the oversight, control, and practice strategy, notwithstanding various organizations, effective and purposeful elements have been ignored by law makers. In general, with regard to evaluating the Iranian reformation strategies, strategic pretence is its salient feature.
Seyyed Mohammad Hosseini; Zahra Saedi; Azadeh Sadeghi
Abstract
Criminal justice system in its new guidelines follows a logic that could through it regain its lost position once again. This new logic, with the name of new penology or actuarial justice, has created extensive evolution in this system, so that everything in it has gotten a managing frame. Hereafter, ...
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Criminal justice system in its new guidelines follows a logic that could through it regain its lost position once again. This new logic, with the name of new penology or actuarial justice, has created extensive evolution in this system, so that everything in it has gotten a managing frame. Hereafter, crime and criminal have became understandable in the concept of risk; techniques of criminal justice systems have gone along with this changing in policy and even in some cases, new models of it have been made. Whatever has been explored in the present paper are the new developments that have occurred in this regard.
Javad Tahmasebi
Abstract
Thejudiciaryisduty-boundtoassuretheachievementoffairtrialsothatallequallyenjoytheindependence, impartiality, soundness andcompetencyintrials andperceiveitsexistence. Thisgoalcannotbeachievedonlyusingfairlawsandcapablejudges. Inthelastintentionoflegislatorforapplyingsuchsupervisionentitled ...
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Thejudiciaryisduty-boundtoassuretheachievementoffairtrialsothatallequallyenjoytheindependence, impartiality, soundness andcompetencyintrials andperceiveitsexistence. Thisgoalcannotbeachievedonlyusingfairlawsandcapablejudges. Inthelastintentionoflegislatorforapplyingsuchsupervisionentitled “Judges’ BehaviorSupervisingLaw”, thegoalslike varietyofdisciplinaryreplies, observingtheprivatelimits, unificationofviolationsexaminingby-laws, arrangingtheregulationsontheissueofthejudges’ disciplinarysuspensionandtheiroccupationalpromotionhavebeentakenintoaccount. Herein, whendealingwiththeprovisionsofthislaw, theachievementrateofthesaidgoalsisstudied.
