Document Type : Article
Authors
1 MA. Student in Public Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran
2 Assistant Prof. , Department of Public and International Law, Imam Sadiq University, Tehran, Iran
Abstract
the publication of laws and regulations has always been accepted by jurists as one of the basic stages of the legislative and regulatory process. In the legal system of the Islamic Republic of Iran, the "Publication and Free Access to Information Law" approved in 1387 has specified the necessity of publishing and prohibiting the classification and confidentiality of documents creating rights and duties, including regulations including by-laws, circulars and guidelines, however, still In Iran's legal system, there are cases of confidential and classified regulations. An issue that, as an anomaly in the field of public law, can face any legal system with serious challenges and lead to the violation of citizens' rights. The present study, with descriptive-analytical method, while examining the existing status of the mechanism of "classification and confidentiality of documents" and the criteria of "required publication of regulations" and the reasons for the existence of confidential regulations in the legal system of the Islamic Republic of Iran, seeks to answer the question that confidential regulations, legal system What challenges has Iran faced and finally, it tries to propose solutions using legal tools to solve these challenges.
Keywords
- publication of regulations
- right of access to information
- classification of regulations
- confidentiality
- confidential regulations
Main Subjects
English
- Articles
- Hins, W.; & Voorhoof, D. (2007). Access to State-Held Information as a Fundamental Right under the European Convention on Human Rights. European Constitutional Law Review, 3 (1), 114-126.
- Jamar, S. D. (2001). The human right of access to legal information: using technology to advance transparency and the rule of law. Global Jurist Topics, 1 (2), 1-14.
- McDonagh, M. (2013). The Right to Information in International Human Rights Law. Human Rights Law Review, 13 (1), 25–55.
- Mommers, L. (2011). Access to law in Europe. In Innovating Government, TMC Asser Press, 383-398.
Rice, S. (2017). Examining a Right of Access to Law. Sydney Law School Research Paper, 17-93.
References in Persian:- A) Books
- Eslamipanah, A. (2020). Introduction to the science of law. Tehran: Ganj Danesh (In Persian).
- Ismaili, M. (2021). Freedom of information rights in Iran: description and practical interpretation of the "law of free access and dissemination of information". Tehran: Research Institute of Culture, Art and Communication. 2 volumes (In Persian).
- Bahrami Ahmadi, H. (2015). Law history of "Iran before Islam": influential neighboring countries. Tehran: Imam Sadiq University (AS). 2 volumes (In Persian).
- Jafari Langroudi, M. J. (2021). General introduction to the science of law. 14th edition. Tehran: Ganj Danesh (In Persian).
- Scholar, M. (2011). Introduction to the science of law with an approach to Iranian and Islamic law. 6th edition. Tehran: Hozeh and University Research Institute (In Persian).
- Rabizadeh, A.; & Hashemi, S. H. (2017). Sociology of public law: theoretical framework of social studies of public law in Iran. Tehran: Basij Daneshjouei of Imam Sadegh University (AS) (In Persian).
- Amid, Hassan (2009). Persian culture. 2nd edition. Tehran: Ashja. 2 volumes (In Persian).
- Katouzian, Nasser (2010). Introduction to the science of law and the study of Iran's legal system. 30th edition. Tehran: Publishing Company (In Persian).
- Motahari, Morteza, (1998). collection. 10 volumes. First Edition. Tehran: Sadra (In Persian).
- Molabiegi, Gholamreza (2014). Jurisdiction and procedure of the Court of Administrative Justice. Tehran: Jungle (In Persian).
- B) Articles
- Eftekharipour, Z.; & Agah, Vahid (2017). The position of the charter of citizenship rights in Iranian law sources. Sepehre Siyat, 17 (6), 51-57 (In Persian).