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Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
ISSN 2345-6116 · Allameh Tabataba'i University Press · 767 artikel di indeks
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Artikel Jurnal Teks lengkap
Analyzing the Fundamental Conflicts of the Public Sphere and the Theory of State Neutrality in the Context of Liberalism in Habermas’s Thought
1. IntroductionThe theory of state neutrality, grounded in secularism and the separation of public and private affairs, provides a favorable basis for the flourishing of the public sphere. These two ideas share important affinities, including freedom, equality, and pluralism. However, fundamental…
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The Static or Dynamic Nature of Urban Rights: The Performance of the Administrative Court of Justice in Resolving Urban Issues
1. IntroductionLand reforms and the abolition of the landlord–peasant system had a profound impact on Iran’s social structure. Deprivation in rural areas, combined with the inherent appeal of urban life, triggered a massive wave of migration to the cities. As a result, large urban centers…
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Instruments of Restraint: Permissibility or Prohibition? An Assessment of Iran’s Laws in Light of International Human Rights Standards
1. IntroductionThe development of human rights standards has made the treatment of prisoners and other persons deprived of liberty an important indicator of a government’s commitment to human rights and good governance. It also serves as a benchmark for assessing the legitimacy and credibility of…
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The Interaction of Diplomatic and Consular Law with Cyber Operations in Light of the Tallinn Manual 2.0
1. IntroductionStates, like individuals, do not exist in isolation; rather, they necessarily interact with one another. A state’s geographical position requires it to maintain certain relations with neighboring states and different kinds of relations with others. One of the oldest expressions of…
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Humanizing the Bureaucracy: Pleasure as a Subject of Administrative Law; with Special Reference to Bentham’s Views
1. Introduction Administrative processes can be excessively long, convoluted, and irrational. This diminishes the satisfaction associated with achieving the outcome and, in some cases, renders the result nearly meaningless. Given that a significant portion of human life involves interacting with…
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Conflict of Interest in the Public Sector and the Rule Against Bias in Administrative Law
1. IntroductionIn administrative law, the rule against bias is one branch of the principle of procedural fairness. One situation that may give rise to a violation of this rule is a conflict of interest. Despite the importance of conflict of interest in the public sector—particularly in relation to…
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The Status of the Ocean in dealing with Climate Change in the framework of UNCLOS 1982 and the High Seas Treaty
1. IntroductionThe term climate inherently implies an inseparable connection between atmospheric conditions and water. Oceans play a critical role in the climate system by absorbing and redistributing carbon, anthropogenic CO2, and heat, while also exerting a vital influence on the Earth’s water…
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A Reflection on the Rodchenkov Anti-Doping Act
1. IntroductionFollowing the Sochi Olympics scandal in 2016, Grigory Rodchenkov, a former official at the Russian Anti-Doping Agency, fled to the United States and revealed the existence of a systematic doping program in Russia. Rodchenkov’s disclosures triggered widespread international reaction…
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Women’s Challenges with Riding Bicycles and Motorcycles under Iranian Law
IntroductionThe right to freedom of movement, as a core civil and political right, interacts with other fundamental freedoms, giving rise to new rights in modern societies. Among these, the right of access to vehicles and the ability to drive has become essential due to urban expansion, increased…
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Political and Moral Approaches to the Concept of Human Rights
IntroductionThe concept of human rights has been the focus of political debate and philosophical theorizing since its inclusion in the 1948 Universal Declaration of Human Rights. A central task of philosophical theories of human rights is the identification of the rights themselves. In this…
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International Responsibility of States for Failing to Observe Due Diligence Under the International Law of the Sea
Introduction In every legal system, the question of who is responsible for violations of established laws and regulations is inseparable from the system in that it serves as a guarantee for enforcing the law. Concerning the international responsibility, the debate centers on how and under what…
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Revisiting the Concept of Interested Party in Light of the Procedure of the European Court of Human Rights
IntroductionTribunals, in both domestic and international legal systems, hear the claims of parties only under specific circumstances. The rules that define these circumstances fall under the concepts of jurisdiction and admissibility. Rules relating to jurisdiction determine whether a particular…
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Immunity of State Officials in International Judicial Opinions and the International Law Commission’s Draft
IntroductionContemporary international law has adopted novel legal principles and norms that reject the use of immunity as a shield for violations of human rights standards. It treats prosecution as a necessary response to moral imperatives stemming from human conscience. Nevertheless, heads of…
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Criteria for Identifying Jus Cogens in Contemporary International Law: An Analysis of the International Law Commission’s Draft Conclusions (2022)
IntroductionJus cogens, as a super-norm in the normative hierarchy of international law, has always been associated with a certain ambiguity in its definition and recognition, primarily due to its inextricable link with fundamental moral principles. In the conventional law and case law, it is not…
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The Radiance of Modern Technologies at the Heart of the Concept of the Working Class
IntroductionThe present study aimed to examine the impact of modern technologies on the concept of the working class by adopting a systemic perspective and focusing on the relationship between technology and certain legal concepts. The central premise of this research is that technology, as a…
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The Position and Function of Public Law: Regulation or Consolidation of Political Power?
IntroductionPublic law serves as the foundational institutional mechanism governing the relationship between the state and its citizens, structuring political authority and ensuring the protection of fundamental rights and freedoms. In representative democracies, public law is a reflection of…
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An Analysis of the Guardian Council’s Approach to Reforming the Electoral System of the Islamic Consultative Assembly
Introduction Since the establishment of the Islamic Republic of Iran, elections of the Islamic Consultative Assembly (ICA) have followed a majoritarian system within constituencies corresponding to city divisions. Throughout various parliamentary terms, several proposals have been introduced to…
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A Reanalysis of the Political System of the Islamic Republic of Iran: Unified Government vs. Divided Government
1. IntroductionPolitical systems can be classified according to various parameters and variables. Among the key concepts used to explain and distinguish political systems are the notions of unified government and divided government. These concepts, widely discussed in political science, are also…
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Legal Status and Challenges of the Plan to Cease Forest Logging
IntroductionIran’s forests are at risk of destruction due to uncontrolled tree cutting. For this reason, after enacting several protective laws over the past century, the legislature ultimately decided to prohibit the harvesting of forest trees. The Plan to Cease Forest Logging (PCFL) was first…
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An Introduction to the Theory of Constitutional Unamendability
IntroductionThe concept of constitutional unamendability holds paramount significance within a constitutional framework. A constitution sets out the fundamental rules of a society, and its amendment procedures specify how those rules may be modified. In this respect, provisions on unamendability…