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Showing 6 results for Public Interest


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.

Volume 11, Issue 4 (12-2007)
Abstract

The present research attempted to explore the grounds for granting compulsory licenses of intellectual property rights and the possibility of granting this kind of license in Iranian legal system. Granting of compulsory licenses is possible both in the fields of copyright and industrial property rights. According to the related international instruments such as Paris Convention for the Protection of Industrial Property, Bern Convention for the Protection of Literary and Artistic Works, TRIPs Agreement and Rome Convention as well as the national laws of many countries, compulsory licenses are granted generally in two grounds: when the right holder abuses his rights and when protection of public interests such as public health, national defense and correction of anti-competitive practices are necessary. Apart from the draft of Iranian patent law and the draft of "Competition Enhancement and Monopoly Regulation", both of which are under review by the Islamic Parliament (Majlis), there are no specific provisions regarding the licenses. However, granting of compulsory licensing may be legally acceptable with respect to Iran’s membership in Paris Convention for the Protection of Industrial Property. The general rule of "prohibition of abuse of right" under the 40th principle of the Iranian Constitution Law may also be another legal basis for compulsory licensing in the case of the abuse of monopoly rights by the IP right holders.

Volume 16, Issue 3 (10-2012)
Abstract

         The “Right to Strike”, as a fundamental right for demanding the legal claims of employees has maintained an important role in regulating the labour relations in the last decades. Importance of this fact, especially about the public sector servants with attention to organic sensitivity and function of this section, becomes multiple. Recognition of this legal phenomenon requires understanding the public sector servants, and illustrating the general approaches about recognition and regulation of this right. French approach is based on recognition and ensuring of this right about the mentioned servants with some restrictions and prohibitionsi, while English approach is based on denying the right natured of this right. With attention to legal vacuum of public sector servants’ right to strike in Iran, in this paper, we are going to investigate and analyze each of the mentioned approaches and theirs affects on regulating of the servants’ right to strike, and then select a dominant approach.        
*Corresponding Author`s E-mail: mdjalali@gmail.com

Volume 22, Issue 1 (5-2018)
Abstract

 In order to prevent the consolidation of de facto authorities established in a territory following an unlawful use of force and/to contempt of rights of the involved peoples to self-determination, international law imposes obligations to third States.  Treaties entered into with the de facto authorities established on such territories on matters concerning them must ensure the interests of the people under their jurisdiction. Otherwise, these states must expect that these treaty relations will be criticized and eventually be denounced by international and national courts. Of the same concern is the origin of the distinction that international law establishes between the different acts of the de facto authorities administering these territories . Administrative acts issued to safeguard the civil rights of the people within their jurisdiction will not be null and void unlike those that seek to allow the population to enjoy the benefits of international cooperation. This is difficult distinction to establish and implement.



Volume 25, Issue 4 (12-2021)
Abstract

The protection of ownership is rooted in the foundations of the legal system, and its foundations are completely dependent on the ruling view of the ownership theory. At the same time, in any legal system, the individuals’ ownership may be invaded due to public needs. The problem is, what are the foundations of ownership protection? With what justification and basis can such protection be violated and denied? In Iran's jurisprudence, the protection of ownership is based on jurisprudential rules such as “Domination” and “Prohibition of the Detriment” or as a fundamental right. Expropriation was also justified in two western-jurisprudential schools of thought. On the one hand, the theories of public interest and necessity, which have a jurisprudential background, were raised, and on the other hand, the theory of public interest entered the legal discourse. In English law, the protection of ownership as a fundamental right is done through the rule of law and the principle of parliamentary sovereignty and the compliance of all actions with the law, and judicial supervision is its guarantee. Expropriation is also permissible if there is public interest, but the attitude towards public interest has different interpretations due to conceptual ambiguity. Nevertheless, the authors believe that the basis of expropriation is rooted in the legitimacy of the state. Such legitimacy at a minimal level is associated with the right to life of the government, so that expropriation is one of the basic tools of the government to continue its existence and provide public service. At the same time, the maximum level of legitimacy is rooted in the legitimacy of the political system from the people's point of view. From this point of view, in Iran, the divine-popular basis of sovereignty, which is the birth of the constitution, considers the basis of expropriation to be granted to the government through the people.
Hoosein Rezai, Ali Imani,
Volume 29, Issue 1 (1-2022)
Abstract

In the general discourse of political science, "common good" refers to those material, cultural, or institutional facilities in which members of a given community share public interest. "Common good" is an important concept in political philosophy and political thought; because it plays an important role in philosophical thinking about the public and private dimensions of social life. In this article, while recognizing and analyzing the concept of common good and related concepts, we have examined the views of Muslim thinkers in relation to common good thought. The analysis of the political thought of Muslim thinkers has shown that they consider man to be, by nature, a social being, and in their opinion, the attainment of perfection and common good also depends on the formation of society. "There is no doubt that it is not possible for man to attain the perfections for which he was created, except for a large integrated community where everyone helps each other with what they need, and that thanks to them all that is necessary for human perfection is obtained." Therefore, Muslim thinkers such as Mullah Sadra and Farabi consider correct thinking and beneficial science as a necessary condition along with good morals, self-purification and exaltation of the soul. They believe that the first head of Medina should have the rank of divine caliphate and deserve to rule over the people and accomplish the mission of Allah the Almighty, so that common good may be spread. Such a person has reached the position and level of comprehensiveness in the threefold origin of intellect, soul and senses, has the merit of the Khalifatullah (Vicegerent of Allah) and the comprehensive manifestation of the divine names, and can spread common good in human society. This article tries to analyze the concept of common good in the political thought of Muslim thinkers in a descriptive-analytical way, using reliable library resources.

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