Comparative Studies in Jurisprudence, Law, and Politics

Administrative Governance and a Comparative Analysis of the Grounds for Administrative Violations in Iran and Iraq

Tamarah Mohammed Abbas Abbas

; Mohammadsharif Shahi *

; Jaafar Naser Abdulridha Alsoltani

, Leila Raisi

Administrative governance, as a key concept in public management and policymaking, refers to the processes, structures, and managerial approaches within administrative systems. From the perspective of administrative governance, addressing administrative corruption and its manifestations—such as administrative violations—is not limited to post-facto responses or the imposition of administrative-disciplinary penalties. Implementing preventive measures against administrative misconduct is a crucial aspect of effective administrative governance. In this framework, identifying the underlying causes and circumstances that lead to administrative violations, beyond mere legal responses, positions administrative governance as an interdisciplinary concept situated between the fields of law, sociology, and public policy. In governance studies, Iran and Iraq hold strategic significance due to their geopolitical and energy-related positions. The shared characteristics of the two countries, including their similar rankings in global administrative corruption indices, underscore the importance of investigating the conditions that give rise to administrative violations. This article, considering both domestic and international studies, identifies and introduces factors such as nepotism and sectarianism, weak legislative systems, foreign sanctions, war, and military occupation as key contributors to the emergence and proliferation of administrative violations in Iran and Iraq. The European experience in administrative governance emphasizes the importance of reducing administrative violations by strengthening local democracy, promoting transparency, and enhancing oversight over the implementation of human rights in administration.

Strategies for popularizing the judicial system to reduce crimes in light of the judicial transformation program

Amrollah Ghalandari

; Babak Baseri *

; Mahdi Sheikh Movahed

https://doi.org/10.61838/

لایحه تملک اراضی در ایران و تعارض آن با اصل آزادی قراردادی

زهرا مولایی

; سیامک جعفرزاده *

; سلمان علی پور

https://doi.org/10.61838/

این پژوهش به بررسی چالش‌های لایحه تملک اراضی در ایران و تعارض آن با اصل آزادی قراردادی می‌پردازد. با توجه به اهمیت حق مالکیت و لزوم توسعه زیرساخت‌ها، این پژوهش به دنبال ایجاد تعادل بین منافع عمومی و حقوق فردی است. قوانین فعلی در این زمینه با چالش‌هایی روبرو هستند و نمی‌توانند به طور کامل از حقوق مالکان در برابر تملکات اجباری محافظت کنند. این مقاله پیشنهاداتی برای اصلاح قوانین و ایجاد سازوکارهای شفاف و عادلانه ارائه می‌دهد تا ضمن رعایت حقوق مالکان، امکان اجرای طرح‌های عمومی نیز فراهم شود. هدف نهایی، افزایش اعتماد عمومی به نظام تملک اراضی است.

Evaluation of the Criminal Policy Governing the Creation of Clean Air

Erfan Amirpour

; Mohammad Ali Babaei *

; Alireza Saybani

https://doi.org/10.61838/

After 22 years since the enactment of the Law on the Prevention of Air Pollution, the legislator approved the Clean Air Act. However, despite this new law and the rectification of the shortcomings of the former legislation, air pollution remains a persistent issue. This indicates that either the criminal policy underlying the legislation in this field has been inadequate or that the responsible institutions have not effectively fulfilled their assigned duties. Accordingly, this article examines the criminal policy embedded in the Law on the Prevention of Air Pollution alongside the criminal policy reflected in the Clean Air Act. Through this comparative analysis, it has been concluded that the legal aspects envisioned in the new law have been more precisely elaborated than in the previous statute. Moreover, in terms of criminal protection, the legislator—while considering the interplay between criminal and non-criminal interventions—has approached criminal intervention instrumentally, incorporating it in a detailed manner through multiple provisions and criminalizations. Nevertheless, certain elements, such as the removal of imprisonment penalties, remain open to criticism. The fundamental reason for the inefficacy of this law, however, lies in the fact that the legislator has merely emphasized the participation of the Environmental Protection Organization with other non-public institutions, all of which are affiliated with the government. This approach has, in practice, challenged the guarantee of enjoying clean air, since such participation has been neglected due to the dependency and subordination of these organizations and institutions to a single entity.

Right of Bodily Autonomy and Its Interference with Marital Rights

Zahra Karami

; Hassan Badini *

https://doi.org/10.61838/

The right of bodily autonomy is one of the fundamental individual rights, founded on the principles of human dignity, freedom, and physical independence, and it is recognized in various legal systems. This right, which is defined as the individual's absolute authority over their body and decision-making concerning it, comes into conflict within the domain of marital rights, particularly with obligations such as spousal compliance and the right to sexual relations. This article aims to analyze this conflict and delineate its scope and limitations by addressing the question: To what extent can the right of bodily autonomy interfere with marital rights and obligations in a legal system, and in the case of conflict, which right takes precedence? The findings of the study reveal that in the legal system of Iran, the right of bodily autonomy is implicitly acknowledged; however, it faces limitations within the framework of marital obligations. Specifically, the concept of compliance (tamkin) and the obligation to engage in marital relations can, in certain instances, contradict an individual's right over their own body. Marriage imposes certain limitations on bodily autonomy, yet these restrictions must be based on mutual consent and with respect for the human dignity of both spouses. The imposition of marital duties without regard for individual autonomy may lead to violations of fundamental rights and harm the institution of the family. This study emphasizes the necessity of balancing individual freedoms with marital rights and calls for a re-evaluation of the regulations related to this issue.

Criteria for Identifying Reclaimed Lands and the Boundaries of Endowments in Rangelands and Forests

Mojtaba Bagherzadeh

; Seyed Mostafa Mohaghegh damad *

; Gholam Ali Seifi zeinab

https://doi.org/10.61838/

According to the ownership regulations that governed the country in the past and prior to the enactment of property limitation laws, such as the nationalization regulations of forests and rangelands, the acquisition of forest and rangeland lands, especially within the vicinity of settlements and villages, was possible based on jurisprudential, customary, and legal provisions. Some landowners also endowed their properties and lands, which were later affected by the enactment of nationalization regulations. Following the adoption of the Single Article Law on the Annulment of Sale Deeds in 1984 and its amendment in 1992, the most recent legislative intent is reflected in the supplementary Note 6, enacted in 2001, which stipulates that lands reclaimed before March 7, 1987, and the boundaries of endowments are exempt from nationalization regulations. Therefore, considering jurisprudential and legal provisions, any lands that have been declared national lands but exhibit evidence of ownership-based occupation and customary reclamation, according to the type of land use, as well as non-reclaimed lands that are considered as part of the boundaries of endowments, remain under the ownership of the endowments and are not subject to nationalization regulations. However, regarding the extent and criteria for their determination, aside from the instances specified in Articles 137 and 138 of the Civil Code, which outline the extent of protected areas for cases such as wells, springs, and qanats, there is no further reference in legal statutes. Thus, considering Articles 136 and 139 of the Civil Code, along with other relevant regulations, as well as jurisprudential and customary rules, the registered boundaries established for lands can serve as an appropriate criterion for identifying the extent of reclaimed lands and the boundaries of endowments.

Violation of Citizenship Rights Resulting from the Imposition of International Sanctions on the Oil and Gas Industry in Iran

Yaser Samimi *

https://doi.org/10.61838/csjlp.5.4.18

International sanctions, although utilized as instruments of political and economic pressure, can severely violate citizenship rights in the targeted countries. These violations manifest in various forms and intensities, often indirectly, with extensive and long-term consequences. One of the sanctions that has threatened Iran in recent years is the comprehensive sanction on the oil and gas industry. This industry is considered the lifeline of oil-rich Iran and is intrinsically involved in all economic matters. Over time, the detrimental effects of these sanctions on the lives of the Iranian people and the sanctioned country as a whole have become increasingly evident. This article examines the violation of citizenship rights resulting from the imposition of international sanctions on Iran’s oil and gas industry. Using a descriptive-analytical method, the study seeks to answer the question: How do international sanctions on Iran’s oil and gas industry lead to the violation of citizenship rights? The findings demonstrate that these sanctions have adversely affected the economic and social rights of citizens. Specifically, the sanctions on the oil and gas industry have impacted all aspects of life in Iran, placing significant pressure on its people.

Analysis of the Concept of Jurisdiction and Its Scope in Light of the General Assembly Rulings of the Administrative Justice Court: Another Reflection

Mazdak Nasouri

, Ali Akbar Gorji Azandriani *

https://doi.org/10.61838/csjlp.5.1.9

The principle of jurisdiction and the principle of lack of jurisdiction are significant consequences of the rule of law and serve as tools for assessing the validity or invalidity of administrative decisions in guaranteeing the supremacy of the law. In public law, the general principle is the lack of jurisdiction, and jurisdiction is considered an exception. Therefore, when an act or decision by an administrative authority or institution is issued beyond the framework of legally prescribed competencies, it is deemed null and void. However, there is no consensus on the elucidation and delineation of the concept, nature, and scope of jurisdiction. Some legal doctrines define it within the realm of discretion, while others interpret it within the realm of authority. Consequently, the concepts of jurisdiction and lack of jurisdiction must be analyzed and interpreted together to clarify the boundaries of jurisdiction and the scope of power in legal science. This article, adopting a descriptive-analytical approach, seeks to explain, distinguish, differentiate, and analyze the various types of jurisdictions and common cases of lack of jurisdiction in public law from the perspective of the General Assembly of the Administrative Justice Court. By elaborating and clarifying the court’s rulings, the present study concludes that this judicial body, while recognizing different types of jurisdiction and lack thereof, generally aims to regulate and guarantee the scope of administrative jurisdiction. If a public official or institution’s jurisdiction is not established based on legal principles and rules, its act or decision will be deemed invalid due to a lack of jurisdiction. Findings indicate that the Administrative Justice Court defines "jurisdiction" as the legal power of administrative and judicial bodies and, by emphasizing the principle of the rule of law, supervises the exercise of power by these entities. The research results suggest that the General Assembly of the Administrative Justice Court, through its interpretation of the concept of jurisdiction, strives to balance the exercise of legal powers by administrative bodies with the protection of citizens' rights, relying on the conformity of decisions with legal principles and regulations. Moreover, this judicial institution generally advocates for a restrictive interpretation of mandatory jurisdictions and a broad interpretation of discretionary jurisdictions. By providing reasoned analyses of the General Assembly’s rulings, this study offers a comprehensive theoretical framework for a deeper understanding of the concept of jurisdiction. It emphasizes that the interpretation of jurisdiction in this judicial body is regarded as a legal power aimed at ensuring the enforcement of the law and preventing transgressions of established boundaries. These findings can serve as a foundation for future studies and the revision of existing legal frameworks within Iran’s judicial system.

About the Journal

Comparative Studies in Jurisprudence, Law, and Politics aims to be a leading forum for the dissemination and discussion of high-quality research in the interdisciplinary fields of law and political science. Our journal is committed to fostering an inclusive academic environment that encourages diverse perspectives and innovative approaches. We seek to publish research that not only enhances theoretical and empirical understanding but also has practical implications for policymakers, legal practitioners, and society at large.

Current Issue

Vol. 7 No. 2 (2025)

Published: 2025-07-07

Articles

The Reasoning Behind the Non-Restoration of Arbitration Awards

Ali Akhavan Bitaghsir

; Hadi Azimi Garkani *

; Ali Bahraminejad

215-233
- PDF
https://doi.org/10.61838/
Review and Analysis of the Judge's Discretion in Uncovering the Truth

Adel Naseri

; Mahdi Firoozabadian *

; Ahmad Fadavi

, Hossein Rahmani

254-267
- PDF
https://doi.org/10.61838/
The Role of Custom in Discovering the Rationales of Rulings: With an Emphasis on the Views of Prominent Shiite Jurists from the 11th to 13th Century CE

Haider Abbas Mohammad Al Saleh

; Mahmood Ashrafy *

; Mohammad Jabbar Jadoo Al- Abdali

, Masoud Heydari

1-15
- PDF
https://doi.org/10.61838/
Delay in Payment Damages in the Necessity of Protecting Public and Private Rights Based on Islamic Jurisprudence

Chamran Rafeypor

; Majid Safavi *

; saleh Yamrali

32-43
- PDF
https://doi.org/10.61838/
Communication with Non-Mahram in Cyberspace from the Perspective of Shiite Jurisprudence

Fatemeh Vahedi Kabiri

; Mostafa Rajaepour *

; Mohsen Razmi

44-60
- PDF
https://doi.org/10.61838/
Examination of Women's Exclusion from Certain Political and Social Positions

Faramarz Shirvani

; Salawati Mat Basir *

326-342
- PDF
https://doi.org/10.61838/
Transformations of Transactions Intended to Evade Debt in Iranian Law, Islamic Jurisprudence, and Egyptian Law

Ali Rahmativand

; Heidar Hassanzadeh *

61-79
- PDF
https://doi.org/10.61838/
The Status and Comparative Study of Trust with Similar Institutions in Iranian and French Law

Behzad Sabetipour

; Moein Sabahi Garaghani *

; Syed Jafar Hashemi Bajgani

, Yaser Salari

80-95
- PDF
https://doi.org/10.61838/
Bitcoin and Cryptocurrency: Challenges, Opportunities, and Future Strategies

Masoud Rezaei

; Zahra Tajari Moazzeni *

; Akram Tajik

130-145
- PDF
https://doi.org/10.61838/
A jurisprudential analysis of the relationship between Wilayat and Islamic unity, focusing on the incident of Ghadir.

Narjeskhatoon Manafipoor *

96-115
- PDF
https://doi.org/10.61838/
A Comparative Study of Judicial Procedures to Mediation Clause: The Necessity of Reviewing the UNCITRAL Model Law

Amirhossein Mohebbi

; Jafar Nory Yoshanloey *

116-129
- PDF
https://doi.org/10.61838/
Legal Challenges in Compensation for Damages Arising from Nuclear Activities in International Law

Behrouz Kia

; Saleh Rezaei Pishrobat *

; Mohammad Musazadeh

146-160
- PDF
https://doi.org/10.61838/
The Role of Jurisprudential Liability Foundations, Philosophical Teachings, and Rational Deductions with a Victim-Centered Approach in the Recognition of Iran’s Legislative Criminal Policy

Meysam Yaqoubipour

; Mohammad Mahdi Anjum Shua *

; Majid Shabani Hamid Abadi

178-197
- PDF
https://doi.org/10.61838/
The Impact of Economic Variables in Monetary and Fiscal Policies on Goods and Currency Smuggling in Iran

Idres Azmoodeh

; Babak Pourghahramani *

; Jamal Beigi

234-253
- PDF
https://doi.org/10.61838/
Artificial Intelligence Economic Crimes: Threats and Solutions

Mohammad Nematei

; Gholamreza Golchinrad *

; Mohaddeseh Sadeghian Lamraski

302-325
- PDF
https://doi.org/10.61838/
Legal Analysis of Polluted Fuels from the Perspective of International Human Rights Law

Setareh Haghjo

; Zeinab Pourkhaghan Shahrezaee *

268-282
- PDF
https://doi.org/10.61838/
Civil Liability in Telemedicine under Iranian Law

Reza Rastegar

; Mohammad Bagher Fijan *

; Dariush Babaei

283-301
- PDF
https://doi.org/10.61838/
Jurisprudential and Legal Examination of the Nature, Provisions, and Effects of Independent Commercial Guarantees

Ruhollah Raisi * , Azam Ebrahimi

161-177
- PDF
https://doi.org/10.61838/

View All Issues

Comparative Studies in Jurisprudence, Law, and Politics

Administrative Governance and a Comparative Analysis of the Grounds for Administrative Violations in Iran and Iraq

Strategies for popularizing the judicial system to reduce crimes in light of the judicial transformation program

لایحه تملک اراضی در ایران و تعارض آن با اصل آزادی قراردادی

Evaluation of the Criminal Policy Governing the Creation of Clean Air

Right of Bodily Autonomy and Its Interference with Marital Rights

Criteria for Identifying Reclaimed Lands and the Boundaries of Endowments in Rangelands and Forests

Violation of Citizenship Rights Resulting from the Imposition of International Sanctions on the Oil and Gas Industry in Iran

Analysis of the Concept of Jurisdiction and Its Scope in Light of the General Assembly Rulings of the Administrative Justice Court: Another Reflection

About the Journal

Current Issue

Articles

The Reasoning Behind the Non-Restoration of Arbitration Awards

Review and Analysis of the Judge's Discretion in Uncovering the Truth

The Role of Custom in Discovering the Rationales of Rulings: With an Emphasis on the Views of Prominent Shiite Jurists from the 11th to 13th Century CE

Delay in Payment Damages in the Necessity of Protecting Public and Private Rights Based on Islamic Jurisprudence

Communication with Non-Mahram in Cyberspace from the Perspective of Shiite Jurisprudence

Examination of Women's Exclusion from Certain Political and Social Positions

Transformations of Transactions Intended to Evade Debt in Iranian Law, Islamic Jurisprudence, and Egyptian Law

The Status and Comparative Study of Trust with Similar Institutions in Iranian and French Law

Bitcoin and Cryptocurrency: Challenges, Opportunities, and Future Strategies

A jurisprudential analysis of the relationship between Wilayat and Islamic unity, focusing on the incident of Ghadir.

A Comparative Study of Judicial Procedures to Mediation Clause: The Necessity of Reviewing the UNCITRAL Model Law

Legal Challenges in Compensation for Damages Arising from Nuclear Activities in International Law

The Role of Jurisprudential Liability Foundations, Philosophical Teachings, and Rational Deductions with a Victim-Centered Approach in the Recognition of Iran’s Legislative Criminal Policy

The Impact of Economic Variables in Monetary and Fiscal Policies on Goods and Currency Smuggling in Iran

Artificial Intelligence Economic Crimes: Threats and Solutions

Legal Analysis of Polluted Fuels from the Perspective of International Human Rights Law

Civil Liability in Telemedicine under Iranian Law

Jurisprudential and Legal Examination of the Nature, Provisions, and Effects of Independent Commercial Guarantees

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