2024-03-29T19:18:31+03:30
http://qjal.smtc.ac.ir/browse.php?mag_id=16&slc_lang=fa&sid=1
16-280
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
Analyzing the Licensing System of Theater in Administrative Law of Iran
Government supervises and interfereswith Theater on two forms including: Licensing System and persuit System. In the first method, the government shall issue license for creating and publishing artistic works and in this method, the right to freedom of artistic expression is limited. However, in the second method, there is fundamental principle of freedom and upon creating and publishing artistic work only in case of violation of laws and regulations, the government may take duly action and there is no requirement for issuing license before producing or publishing artistic works. Thus, the first method is anti-freedom and the second method is agreed with freedom. The present article attempts to examine this issue in relation to Theater in iranand it is concluded that, the statute law was based on licensing system. Moreover, finding out problems and formalities of aforesaid system refers to following weakness including: 1) Governmental structure of boards of theater and negligence for related associations, especially, Iranian theater forum. 2) No obligation boards of theaterin presentation of evidencefor reject plays and issuing license.3) silence of regulation about period ofvalidity of the License and referse it todecision ofboards of theater.4) Limitation in revision of decisions made by boards of theater in supreme council, governmental structure of it andsilence of regulation about procedure of issuing license.
: Theater
Administrative Law of Licensing System
Ministry of culture and Islamic Guidance
Censure of Theater
Performing Arts.
2018
12
01
9
38
http://qjal.smtc.ac.ir/article-1-280-en.pdf
16-281
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
Theories on Judicial Nature of Public Properties
The main subject of this article is the review of ideas that theorized the criteria of Public Properties In their doctrines, theorists of Administrative law do not profess similarly in this theme. Some of these lawyers define public properties in a minimum approach manner and consider them as inalienable Properties which are dedicated to public utility. According to their view, as public properties are inalienable therefore state ownership over them is unacceptable and the government merely has the right to protect and maintain them. Other authors, based on necessity of special protection from public properties, extend the range to the properties dedicated to public service.Today, the administrative law doctrines in France tend to treat these properties as property owned by the State. For these scholars, public properties are owned by the government and dedicated to the public interest (public use and public services. In this article, the author is going to express the views that define public property and provide the necessary framework for determining public property.
: Public patrimony
Public property
State property
Allocation theory
Public utility
Public service
State ownership
Public ownership.
2018
12
01
39
62
http://qjal.smtc.ac.ir/article-1-281-en.pdf
16-282
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
Lexical Ambiguity of Supervision
in the Iranian Legal System
Supervision is always controversial concept, especially in the science of law and management. These disagreements may be rooted in the different interpretations of the relevant Islamic jurisprudential sources, as well as various synonyms used in the English language. In this article, the authors attempt to refine the concept of supervision and Control and consider the most common words which are called in Persian as "supervision". In the context of supervision, the paper concludes that the words that convey the concept of supervision, are supervision when they are ex post and do not lead to intervention. Otherwise, calling them as supervision is incorrect. The concept of supervision is corresponding to explanatory accountability
: Lexical Ambiguity
Supervision
Control
Explanatory Accountability
Amendatory Accountability
2018
12
01
63
88
http://qjal.smtc.ac.ir/article-1-282-en.pdf
16-283
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
Scientific and practical review on the act rolling on water wells and without operation license
In 2010, the legislature passed The act rolling on water wells without operation license has limited the scope of the fair distribution of water and approach the authorized use of underground water wells, at least in the case of agriculture has entered a new regulatory space, Given that the use of underground water is common, the rights of people who are interested in this subject to be influenced. This article reviews the achievements made at least a thousand cases in the Administrative Court of Justice on the issue of agricultural wells .... And the law is, Which, of course, in many cases due to considerable disagreement on how to apply the law and its limits and constraints The members of the Judicial Commission of underground water in regional water companies in the country.
Law
Water
Operation
License
Natural resources
Agriculture Wells.
2018
12
01
89
108
http://qjal.smtc.ac.ir/article-1-283-en.pdf
16-284
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
Pathology of Inter-Organizational Collaboration in environmental protection in the Iranian Administrative Law
Article 50 of the Iranian constitution necessitates participation of all related government bodies in environmental protection. To this end, some Act have been enacted to provide legal base for participation of various public bodies. Inter-organizational collaboration is a necessary element in environmental protection. So the question is that has the Iranian administrative law been successful in devising the required mechanisms to this end or not? The article argues based on descriptive and analytical method that because of some institutional barriers like lack of enough jurisdiction or miss-division and fragmentation of jurisdictions among the related public bodies, the environmental administration faces with essential institutional barriers in effective environmental protection which can be dissolved by elaboration of good inter-organizational collaboration to this end
Organizational collaboration
Environmental Participation
Iranian Environmental law
Environmental Administrative Law.
2018
12
01
109
131
http://qjal.smtc.ac.ir/article-1-284-en.pdf
16-285
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
Study on the structure and competence of the ombudsman in Turkey and Pakistan
Ombudsman is independent and impartial that has legal backing. The purpose of its’ establishment is to protecting peoples’ rights against the state and incorrect behavior of government department. This institution has different structures and qualifications in different countries. Turkey and Pakistan have been successful in this type of supervision. In this article structure and competence of the ombudsman in these two countries which has similarities to our country have been studied.
ombudsman
structure
competence
Turkey
Pakistan.
2018
12
01
133
156
http://qjal.smtc.ac.ir/article-1-285-en.pdf
16-286
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
Evaluation of the place of the components of cultural rights in the cultural development system of the country
The study aim is to present the Impact of Cultural Right's Factors on Cultural Development System among Studies in University. Research method was descriptive and kind of survey, statistical population were included Studies in Islamic Azad University Tehran North Branch, which is based on information received was 250. The measuring tool has been researcher made questionnaire with 4 main dimension and using of 5 degree Likert scale. To measure validity, at the first content validity by experts and then construct validity was confirmed and relationship between questions and factors was approved. Also to assess the reliability used of Cranach's alpha coefficient that in this study Amount was calculated for the Cultural Freedom 98/0, Attainment to Culture 97/0, Right's Equity 97/0 and Right of Select identity 98/0. At levels of descriptive statistics was used of frequency, percentage, cumulative percentage, mean, standard deviation and inferential statistics of independent Sample t-test, ANOVA and structural equation modeling... Demographic findings also showed that there is significant relationship between Cultural Right's Factors & Cultural Development System among Studies in University
Development
Cultural Development
Cultural Freedom
Attainment To Culture
Right's Equity
Right of Select identity
2018
12
01
157
180
http://qjal.smtc.ac.ir/article-1-286-en.pdf
16-287
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
The jurisdiction of the country\'s court of computation for protecting bait "Looking at the role of the Court in municipality supervision"
The management of urban affairs and the provision of public services by municipalities require the acquisition of financial resources that the legal nature of this public institution requires the provision of more than fifty percent of it from non-governmental sources. The separation of these resources from the point of view of how they are provided, although they provide relative financial independence for municipalities, but this is a matter of financial supervision in the face of barriers such as interpretation of Article 55 of the Constitution, financial transparency and efficient monitoring of these resources. Has also been challenged. Thus, at present, the supervision of an oversight body such as the Court of Arbitration of the Republic is possible only on that part of the municipal resources provided from the country's budget, and their internal resources are beyond the control. However, the existence of legal capacity such as the Law of the Court of Justice, which has the general jurisdiction of the financial authority for all ministries, institutions, state-owned companies and any executive body that, in accordance with principles (44) and (45) ) Of the Constitution of the Republic of Estonia, it is considered that, on the one hand, and the procedure for the ownership and public funds on property and liquidity available to municipalities in accordance with Article 13 of the Law on Public Procurement, on the other hand, not only The law does not restrict the supervision of the Court of Audit on the integrity of municipal funds, but also to carry out this monitoring in order to safeguard the essential necessity To be.
Approved Credit
Public ownership
Public Fund
Municipal Authority
Court of Accounts.
2018
12
01
181
204
http://qjal.smtc.ac.ir/article-1-287-en.pdf
16-288
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
Economic Analysis of Law: Securance of minimum welfare, Reducing Embezzlement
In the second half of the twentieth century, in the realm of philosophy of law, has been proposed a new field called "economic analysis of law." This is the realm of thought, survey Legal issues with economic tools. Therefore, this level of analysis, first, legal issues has translated into economic and in the context of economic logic to deduce it.
In the present article, it is mentioned the economic analysis of the Embezzlement phenomenon in among public realm and it is discussed minimum welfare consequences in order to reduce embezzlement of employees. Methodology this Article, has followed descriptive - analytical method. This study seeks to answer these key questions: From the perspective of economic analysis of law, what is the relationship between securance of minimum welfare and reducing embezzlement. In response to this question, after mentioning generalities and meaning, discussed the category of minimum welfare of employees against embezzlement with use the economic analysis logic and we have concluded that there is significant ratio between the two variables: securance of minimum welfare, reducing embezzlement. Thus one of ways to achieve the reducing of embezzlement in the executive agencies, safeguard the minimum welfare of the public employees; that's what the Legislative and the execution spheres have been unable in its optimal performance.
Economic Analysis of Law
Minimum Welfare
Corruption
Embezzlement and The Public Employees.
2018
12
01
205
227
http://qjal.smtc.ac.ir/article-1-288-en.pdf
16-289
2024-03-29
10.1002
Administrative Law
qjal
2821-1561
2383-1863
10.61186/qjal
2018
6
16
The Judicial Review of the Administrative Justice Court on the Nation\'s Exigency Council, Experts Parliament and Guardian Council\'s Regulations
In the legal system of Iran, one of the issues of disagreement, discussion about jurisdiction of the General board of Administrative Justice court In superintend the decisions of various agencies Including is Certified parliament (assembly of experts), guardian council and Nation's exigency council (assembly for recognition interest of state). These institutions, on the basis of their inherent duties, are in the process of establishing and adopting decisions that some of them are administrative modality. Considering the procedure of the type of attitude towards the decision of these bodies, the purpose of this article accordingly that in addition to clarifying the scope of jurisdiction rule-making of the legal system with a brief definition from political action, judicial action, legislative action and administrative action to review the duties of these institutions and assume that their administrative actions can be subject to judicial review. Because in terms of administrative Justice court, as a supreme judicial institution, has general qualification in administrative claims. Therefore, remark of article 12 the law of administrative Justice Court it seems criticism and principle of supervision of power that is closely related to the rule of law, the unannounced withdrawal unreason all the approvals of these bodies from the jurisdiction of the General board. Additionally, such exceptions to the jurisdiction of the general board are a violation of right of individuals to access the judicial bodies.
Administrative Act
Rule-Making
Nation's Exigency Council
Experts Parliament
Guardian Council
2018
12
01
229
251
http://qjal.smtc.ac.ir/article-1-289-en.pdf