Faez Dinparasti Saleh
Abstract
he aim of this article is to analyze the fourth, fifth and sixth parliament’s transcripts to show that which kind of public policies of the government has been considered by the legislators. The conceptual framework of Almond, Powell and Mundt is used to determine the policies which were significant ...
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he aim of this article is to analyze the fourth, fifth and sixth parliament’s transcripts to show that which kind of public policies of the government has been considered by the legislators. The conceptual framework of Almond, Powell and Mundt is used to determine the policies which were significant according to parliament members. The content analysis method is used on the representatives’ pre-agenda speeches, their notifications to administration, their inquiries from ministers and interrogation of ministers and at last their proposals of annual budget. The present research shows that despite different majorities in these three parliaments, representatives in each of them focused totally on the governmental aspects and the social issues have not been considered. According to this paper among different policies of government more than three quarters of MPs actions appertain to distributive policies and most of them have been confined to distributive policies at the local level instead of the national level. It means that extractive policies, symbolic policies and also regulative policies have almost been neglected by MPs. In spite of the constitution’s emphasis on the representatives’ task of inquiring into all the national affairs, they have only focused on their own electorate.
Ali Mashhadi
Abstract
n the case of the relationship between government and environmental obligations there are different views in public law theory. At least three approaches can be mentioned in the context of general task to which principle 50 of constitution refers. The first approach is based on the centrality of the ...
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n the case of the relationship between government and environmental obligations there are different views in public law theory. At least three approaches can be mentioned in the context of general task to which principle 50 of constitution refers. The first approach is based on the centrality of the state in protecting the environment and ensuring the right to a healthy environment (State-centric approach). This approach assumes that the market and the private sector are incapable of protecting the environment. So it is only the state that has the primary responsibility for protection of the environment as a general task. The second approach relates to the absence of the state in protecting the environment (Approach without government). In fact the emergence of this approach is because of the inability of the government to protect the environment. According to this approach the government cannot protect the environment propperly and experience has shown that some governments have become one of the violators of environmental law. And at last the participation approach is based on the idea of cooperation between the state and non-state actors and the citizens in the area of environmental protection and implementation of the related policies. In this paper, different aspects of this issue in the context of public law are analyzed. The basic assumption of this article is based on the belief that the environmental protection requires the government’s cooperation with citizens.
Mahdi Khaghani Esfahani
Abstract
Historical challenging period of political authoritarianism in Iran has affected the criminal policy’s ineffectiveness. Public law and especially criminal policy in its both sources - Shiite jurisprudence and western legal thought - has experienced numerous challenges due to the lack of an active ...
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Historical challenging period of political authoritarianism in Iran has affected the criminal policy’s ineffectiveness. Public law and especially criminal policy in its both sources - Shiite jurisprudence and western legal thought - has experienced numerous challenges due to the lack of an active and continuous communication between those resources, and also due to the divergence of a broad range of formal and informal norms. Two other flaws in the traditional Islamic criminal policy are the lack of enough attention to Iranian criminal sociology, and the lack of consistency with contemporary collective wisdom. But the most important problem of the current criminal policy is the unavailability and lack of attention to the need for interdisciplinary teaching and neglecting the role of philosophical, sociological, and especially managerial aspects of criminal policy. Suffice to Fiqhi method is sign of limitation in this traditional flow. Scholars support this process, try to introduce the Islamic criminal policy with just Fatwa method; meanwhile criminal policy is not an arbitration-oriented science, and is a constructive paradigm-based science. This article, after criticizing the level, extent and state of presenting Fiqh in contemporary Iranian criminal policy, points to the capacity of other interpretations of Islam (such as Maqasidi Fiqh) in planning the local criminal policy pattern; and it also shows some commons of Islamic rationality and Western rationality in designing this local theory. Under the hypothesis of this article, the most important factor limiting the freedom and inadmissible resorting to violence in soft layers of subjective and objective approaches to criminal policy, including: theoretical foundations weakness, weak social base to believe in culture of participation in the public sphere, the lack of serious commitment to codify Islamic-Iranian model of progress.
Shoja Ahmadvand; Amir maghdor Mashhood
Abstract
odernism is an episteme which is a formation of knowledge formed in a particular period and region of the world. Episteme is also the result of discourse disputes. Therefore, modernism is the outcome of the current discourse disputes in recent centuries in Europe. This approach indicates that the cognition ...
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odernism is an episteme which is a formation of knowledge formed in a particular period and region of the world. Episteme is also the result of discourse disputes. Therefore, modernism is the outcome of the current discourse disputes in recent centuries in Europe. This approach indicates that the cognition in modernism emerges from structures, rules, customs, power deals, and bio-logic in European human being’s life. This process is a chronologic outcome which changes in the realm of knowledge and is consistent with biological rules. Yet when this episteme, due to some political reasons, enters another geographical region, we notice a lot of dissonances and contradictions. Modern episteme’s Encounter with bio-local structures in non European regions is one of the most important areas of discourse disputes. Naseri era is one of the most important periods in which this kind of battle field can be seen. The article’s problem is about the conflict between traditional rationality at one side and modern rationality at the other side. These issues are based on Michel Foucault’s theoretical system and his discursive approach and genealogy method. Most important findings show how to success or unsuccessful modernism component and explain discourses and their challenges how to effect current development in our bio geography.
Abdolnaeim Shahriari; Leila Raeisi
Abstract
Today states have a vast network of international relations and have thus far managed to establish comprehensive mechanisms in some sectors of their relations. However, in the realm of foreign investment they have failed to establish such universal framework. In this regard, main questions are: whether ...
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Today states have a vast network of international relations and have thus far managed to establish comprehensive mechanisms in some sectors of their relations. However, in the realm of foreign investment they have failed to establish such universal framework. In this regard, main questions are: whether negotiation can lead to a universal agreement as to the conclusion of a universal treaty on foreign investment? What are the main challenges and obstacles facing this path? Generally speaking, if these negotiations are conducted in a systematic and harmonious manner along with clear definition of fundamental concepts as well as determination of the sensitive issues, then one could hope to be moving toward the said objective. However, the challenges and obstacles facing this path should not be neglected; several issues such as cultural and ideological differences, the atmosphere of negotiations, bureaucracy, differences in monetary currencies, all constitute examples of such challenges. Nevertheless, a general framework which can embrace the conflicting interests of states can lead to the conclusion of a universal treaty on foreign investment. In this respect, ensuring an acceptable transparency in the pre-negotiation stage and during the negotiations could eliminate the ambiguities which might exist in fundamental issues facing the foreign investment and will, therefore, help states proceed towards establishment of a universal mechanism for coordinating the system which governs worldwide investment and hence, further improvement in international economy.
Mohammad Ali Khosravi; Shohreh Shahsavari Fard
Abstract
History has showed us that development in every society depends on the elite’s political roles; hence, their viewpoints regarding socio-political programs and individuals’ needs have played a vital role in determining the fate of a specific society. Besides, the elite political culture is ...
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History has showed us that development in every society depends on the elite’s political roles; hence, their viewpoints regarding socio-political programs and individuals’ needs have played a vital role in determining the fate of a specific society. Besides, the elite political culture is considered as an effective factor in political development within the realm of political sociology. The aim of this study is to analyze the political culture of the ruling elite and its role in inefficiencies of NGOs. In fact the author has tried to show that the underdevelopment of NGOs in governments after the revolution has a close relation with political culture of ruling elite of this era .In addition to questionnaire to assess the type of political culture, their performance was examined on the basis of Gabriel Almond model. To validate the reagents, in addition to previous studies, we used the views of a number of sociologists and political science professors and after confirmation of expert community and passing the validity stage to examine the internal consistency of questionnaire items, Cronbach's alpha was obtained as 77 using SPSS software. Then, political culture was examined by assessing the political participation, political trust, citizenship rights, and tolerance. Freedom of speech was investigated in 9 components. Results reflected the fact that the culture of ruling on elite is an allegiance with thick, tough, and stable clusters closing the ways for political development. Reluctance to answer some questions and lack of proportionality among some answers with performance of this population are strong evidence in this regard.