Volume 9, Issue 3 (10-2005)
Abstract
As far as the role of judiciary in development of environmental jurisprudence is concerned, a short survey on judicial record of Iran indicates that the Iranian Judiciary could not have taken any remarkable decision in this regard, yet!
But, unlike the Iranian Judiciary, the Indian’s one has come forward actively to make good the deficiencies of law and provide relief wherever and whenever required. In this way the Indian Judiciary has made an extensive use of Indian constitutional provisions, environmental laws and even common law of tort to protect the environment and developed a new environmental jurisprudence in the country.
For instance, the Supreme Court of India, in applying its significant role in construing and expanding the ambit of statutes, ruled that the right to live, specified in Article 21 of the Constitution is not confined to mere animal existence but extends to the right to live with basic human dignity which in turn necessitates enjoying a healthy and polluted environment.
In environmental litigation the rule of locus standi has been relaxed by the Indian Supreme Court and the device of Public Interest Litigation (PIL) has contributed to the raising of environmental awareness as well as shaking off administrative lethargy that seems to have set in the statutory enforcement machinery in that country.
At the end, some suggestions have been rendered for protection and improvement of the environment and reinforcement of the Iranian Judiciary role in this field.
Iran Mozhgan Esmaili,
Volume 30, Issue 1 (1-2023)
Abstract
The administrative system during Iran's Safavid and India's Mughal empires had a complex structure. During that era, writing, recording, and dispatching of royal decrees as well as administrative, judicial, revenue figures, and rulings were carried out by three administrative divisions dealing with composition, execution, and judiciary. Such documents are exiting in two primary and secondary forms and their compositions are varied based on their themes. The components of documents are also distinguished in terms of their header, seal, and monogram. To prevent any type of forgery, they went through lengthy and complicated stages. These documents show the evolution of the bureaucratic system in both dynasties and were issued for purposes such as appointments, grants, exemptions, contracts, treaties, and so on. The research method applied in the present research is based sources extracted from library and archival materials and then the court documents of both Safavid and Mughals were compared and analyzed through the descriptive-analytical method. Research findings show that different administrative units were under the supervision of the minister (vazir), the second powerful figure after the King, who in fact led state, financial and judicial affairs. Although both dynasties had common roots, they created one of the most effective executive systems of their time by upgrading those prevalent in previous empires.