Document Type : Article
Author
Associate Prof, Department of public and International law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
Abstract
The concept of public interest is one of the most important axes of public law. The definition of public interest in the field of constitutional law as well as administrative law is especially reflected. By definition, two general approaches can be distinguished in contemporary legal systems: the liberal system, and the republican system. In the Iranian law system, considering the theories of the government after the revolution of February 1979, it seems that the general tendency in defining the public interest is more towards the republican system, but considering the historical structure of Shiite jurisprudence on the field and concepts Private law, existing jurisprudence has lacked the necessary details to theorize the theory of government. Even with the emergence of the theory of Imam Khomeini's "absolute sovereignty of faqih", it can be seen that on the one hand the theory has no reflection in other levels of government, including administrative law, after three decades and still remains within the justification of the first person authority and on the other hand the issue of control of the state and the guarantee of fundamental rights and freedoms have not been theorized or institutionalized, and so instead of a full-fledged theory of public law.
Keywords
Refrences In Persian:
- A) Books
- Akbarian, Hassanali (2007), Principle of Justice in the Shia law, Qom: Pajouheshgah-e Oloom va Farhang-e Eslami (In Persian).
- Amid Zanjani, Abbasali (2011), Principles of Islamic law, Public Section, Tehran: Samt (In Persian).
- Bashirieh, Hossein (2017), Resuscitation of Politic Science, Tehran, Nashr-e Ney. (In Persian).
- ----------------------- (2003), Teaching of politic science, Tehran: Negah-e Moaaser (In Persian).
- Casess, Sabino (2013), Construction of Administrative Law, translated by Mojtaba Vaezi, Shiraz: Shahrdad (In Persian).
- Copleston, Frederick Charles (1983), A history of philosophy, translated by Jalaloddin Mojtabavy, Elmi va Farhangi Publication, Vol. 1 (In Persian).
- Emami, Mohammad & Ostovar Sangari, Kourosh (2014), Administrative Law, Vol 2, Tehran: Mizan (In Persian).
- Feirahi, Davoud (2010), Religion and State in Modern Period, Vol. 1, Tehran: Rokhdad-e Now (In Persian).
- ------------------- (2011), Religion and State in Modern Period, Vol. 2, Tehran: Rokhdad-e Now (In Persian).
- ------------------- (2016), Modernity Threshold, Tehran: Ney (In Persian).
- ------------------ (2014), Shariah and Politic in Contemporary Iran, Vol. 2, Tehran: Ney (In Persian).
- Foucault, Paul Michel (2010), Born of Politic Life, translated by Reza Najafzadeh, Tehran: Ney (In Persian).
- Geuss, Raymond (2017), Public Goods, Private Goods, translated by Hassan Afshar, Tehran: Markaz (In Persian).
- Ghaazi, Abolfazl (1993), Constitutional Law and Politic Institutions, Tehran: Tehran University Publication (In Persian).
- Gorji, Ali Akbar (2009), Foundations of Public Law, Jangal (In Persian).
- Hobbes Thomas (2006), Leviathan, translated by Hossein Bashirieh, Tehran: Ney (In Persian).
- Imam Khomeini, Ruhollah (1999), Noor Book, Imam Khomeini Editing and Publishing Institute, volume 20.
- Imam Khomeini, Ruhollah (1999), Noor Book, Imam Khomeini Editing and Publishing Institute, volume 21.
- Karami, Hamed (2018), Administrative Law of Property, Tehran: Enteshar (In Persian).
- Lembton, An, K.S (1995), State and Government in Islam, translated by Abbas Salehi, Mohammad Mehdi Faghihi, Tehran: Orouj (In Persian).
- Loghlin, Martin (2009), Foundations of Public Law, translated by Mohammad Rasekh, Tehran: Ney (In Persian).
- Loghlin, Martin (2016), Foundations of Public Law in West, translated by Mohammad Moghtader, Tehran, Majd (In Persian).
- Machiavelli, Niccolo (2008), The Prince, translated by Darioush Ashouri, Tehran: Agaah (In Persian).
- Mahmasani, Sobhi (2007), Legislation in Islam, translated by Ismaeil Golestani, Tehran: Asaar-e Andisheh (In Persian).
- Mashhadi, Ali; Ansari, Bagher & Ghasemi, Mohsen (2012), Discretionary Competence, Tehran: Legal Adjoin of Presidency (In Persian).
- Mehrpour, Hossein (2019), Constitutional Law of Islamic Republic of Iran, Tehran: Dadgostar (In Persian).
- Motahhari, Morteza (2007), About Islamic Republic, Tehran: Sadra (In Persian).
- ------------------------ (2001), Discourses, Tehran: Sadra (In Persian).
- Mowlaei, Ayat (2014), Administrative Contracts, Tehran, Mizan (In Persian).
- Neumann, Franz (1994), Liberty, Power and Law, translated by Ezatollah Fouladvand, Tehran, Kharazmi (In Persian).
- Rasekh, Mohammad (2013), Right and Discretion, Vol. 2, Tehran: Nashr-e Ney (In Persian).
- Rousseau, Jean Jack (2009), Social Cotract, translated by Morteza Kalantarian, Tehran: Agah (In Persian).
- Safaei, Seyed Hossein & Rahimi, Habibollah (2012), Civil Liability, Tehran: Samt (In Persian).
- Shafiei, Sarvestani, Ebrahim (2016), Shariah and Legislation, Qom: Taha (In Persian).
- Schmith, Carl (2013), Political Theology, translated by Leila Chamankhah, Vol. 2, Tehran: Negah-e-Moaaser (In Persian).
36.Tabatabaei, Seyed Javad (2006), Conflict of Ancient and New, Tehran: Negaah-e Moaaser (In Persian).
37.Tabatabaeifar, Seyed Mohsen (2005), Monarchic System in Shia Politic Thought, Tehran: Ney (In Persian).
- Tavakkoli, Asaollah (2005), Interest in the Shia and sunny law, Qom: Imam Khomeini Institute Publication (In Persian).
- Vaezi, Mojtaba (2007), Discourses of Administrative Law, Tehran: Majd (In Persian).
- Vincent, Androu (1997), Theories of State, translated by Hossein Bashirieh, Tehran: Ney (In Persian).
- Zoller, Elizabeth (2017), Introduction to Public Law, translated by Mojtaba Vaezi, Tehran: Jaavdaneh (In Persian).
- B) Articles
- Amid Zanjani, Abbasali (1992), “Amid’s Responses to Students’ Questions about Constitution and Sovereignty of Fqih”, Resalat Newspaper, No. 1850, pp. 11 (In Persian).
- Mehrpour, Hossein (1992), “Expediency Council of Regime and its Legal Situation”, Journal of Legal Studies, No.10, pp. 9-55 (In Persian).
- Moradkhani, Fardin (2018), “Iranian Modernity Threshold”, Siasatnameh, No. 9, pp.130-139 (In Persian).
- Mowlaei, Ayat (2020), “Obstacles and Challenges of Realization of State Civil liability in Iran”, Public Law Studies Quarterly, Vol. 4, pp. 1423-1440 (In Persian).
- Rezaei, Morteza, Aliakbar Gorji Azandariyani (2021), “Comparative Design of Public Employment Model in Iranian Administrative Law”, Public Law Studies Quarterly, Vol. 51, No. 1, pp. 17-37. (DOI: 10.22059/jplsq.2020.300986.2389) (In Persian).
- Rostami, Vali & Farahani, Mohammad Sadegh (2020), “Legal Nature of Government’s Relation with Public Properties in Islamic Law”, Public Law Studies Quarterly, No. 3, pp. 1055-1077. (DOI: 10.22059/jplsq.2018.260862.1773) (In Persian).
- Vaezi, Seyed Mojtaba (2011), “Foundations and Models of Constitutional Justice”, Modarres-comparative, N. 72, pp. 155-173 (In Persian).
- --------------------------- (2013), “Foundations of Administrative Law: Poverty of Theorization in Iran”, in Administrative Law Thoughts, Mohammad Jalaly, Majd, pp. 50-78 (In Persian).
- --------------------------(2015), “Sovereignty Action in Iran’s Administrative Law”, Legal Studies, No. 2, pp. 199-220 (In Persian).
- Vijeh, Mohammad Reza (2010), “Authorities of Guardian of Constitution and Protection of Ownership, in Iran and France”, Research of Law, No. 29, pp. 443-480 (In Persian).
- ------------------------------, Hassan Amjadian (2015), “Approach of Faqihs of Guardian Council about confronting between Private Ownership and Public Interest”, Science of Public Law, pp. 23-46 (In Persian).
Refrences In French:
- A) Books
- Chapus, René (2001), Administrative Law, Paris, Montchrestien, tome1 (In French).
- Gaudemet, Yves (2001), Administrative law, Paris, L.G.D.J, tome1 (In French).
- long, Marceau, Prosper Weil, Guy Braibant, Pierre Delvolvé, Bruno Genevois(2003), Grands judgments of administrative jurisprudence, Paris, Dallozv
- Truchet, Didier (1977), Functions of the concept of Public Interest in the Jurisprudence of Conseil d'Etat, Paris, L.G.D.J (In French).
- Waline, Jean (2006), Administrative Law, Paris, Dalloz (In French).
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