human rights
Mahnaz Rashidi
Abstract
Nowadays, right to water, increasingly has recognized in international documents as one of the human rights that is inextricably linked to other instances of human rights, such as the right to life, the right to health, and the right to adequate standard of the living. Recognizing this right in human ...
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Nowadays, right to water, increasingly has recognized in international documents as one of the human rights that is inextricably linked to other instances of human rights, such as the right to life, the right to health, and the right to adequate standard of the living. Recognizing this right in human rights discourse, on the one hand, obliges States not to interfere in the free access of human beings to water, and on the other hand, it rests the responsibility of providing the arrangements of water supply and access to this vital substance for them. Although the main commitment of fulfilling the obligations of the right to water is the executive bodies of a country, but the legislative and judicial institutions also have responsibilities for the full realization of this right. The question that this study has been written in order to answer it, is: what role does the judiciary of the Islamic Republic of Iran play in ensuring the right of Iranian citizens to water? The result of descriptive-analytical studies in this paper, which is obtained using library studies and review of international documents and domestic laws, is that judiciary with the main task of establishing rights and justice and reviving public rights, can guarantee the right to water in three general areas: prevention, monitoring and litigation. However, the lack of explicit recognition of the right to water in domestic law is the most important shortcoming, which has largely limited the scope of action of this body to guarantee of right to water
Public Law
Mozhgan Nemati; Mohammad Ja’far Habibzadeh; Doraid Mousavi Mojab
Abstract
In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, ...
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In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, must be held accountable for its performance at various levels, in particular, the procedures, decision-making process and implementation of decisions. However, accountability in the judicial system has always been faced many opposite views to guarantee judicial independence and other considerations such as sensitivity and specific function of the judiciary. In this paper, with emphasizing the necessity of creating a balance between the two competing values, namely 'independence' and 'accountability', the available capacities of the Iranian legal system are examined specifically regarding the accountability of the judiciary to the legislature and its members. The research method is descriptive-analytical and by utilizing library resources, this article while explaining why the judiciary is accountable to parliament, attempts to analyze and critique opposite views in this regard. The results of this study show that although the accountability of the judiciary has some differences and limitations compared to other institutions, undoubtedly judicial independence never means impunity or exemption from accountability. The examination of the available capacities in the constitution, including the right of parliament members to express comment and investigate, as well as the mechanism for dealing with complaints and reports submitted to the commission of the ninety principle, illustrates the fact that can be achieved to a degree of accountability of the judiciary to the parliament -especially with regard to judicial processes- while guarantee and respecting the judicial independence.
Public Law
mohammad amin abrishami rad; sajad jalali
Abstract
According to enactment No. 435 of the Supreme National Security Council, the Human Rights Headquarters has been established since 2005 under the structure of the Judiciary and exercises its competence in the field of human rights. This research in a descriptive-analytical format has studied and explained ...
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According to enactment No. 435 of the Supreme National Security Council, the Human Rights Headquarters has been established since 2005 under the structure of the Judiciary and exercises its competence in the field of human rights. This research in a descriptive-analytical format has studied and explained the status and competencies of this headquarters in the political and legal system of the Islamic Republic of Iran and has identified and analyzed the challenges of this headquarters. Based on the findings of this study, the Human Rights Headquarters can only be identified as a sub-council under the Supreme National Security Council, which therefore, unlike the structure of this headquarters, which is under the judiciary, this headquarters has a multi-faceted status. Of course, the non-approval of the job description of this headquarters by the parliament is one of the most important challenges facing this headquarters, which due to its contradiction with the explicitness of Article 176 of the Constitution, has compromised the compliance of its decisions with legal standards. Therefore, it is necessary for the parliament to determine the competencies of this headquarters.
