• OpenAccess
    • List of Articles صلاحیت

      • Open Access Article

        1 - Examining The Foundations, Competence And Nature Of Internal And External Courts
        Fatemeh  Ramezani Abbas Taghvaee
        The anticipated principle regarding the jurisdiction of the International Criminal Court is the principle of supplementary jurisdiction, which only governs the relationship between the jurisdiction of the Court and national courts. Jurisdiction, as one of the features o More
        The anticipated principle regarding the jurisdiction of the International Criminal Court is the principle of supplementary jurisdiction, which only governs the relationship between the jurisdiction of the Court and national courts. Jurisdiction, as one of the features of the government's sovereignty, has passed the traditional territorial rule and objects and It includes the property of Khalraj from the territory of the government. The expansion of jurisdiction rules, which is justified based on the interests of the government and the legitimate interests of individuals, in some cases imposes huge costs on litigants and hearing authorities. Ensuring public interests and conducting a fair trial requires that the hearing authority refrain from exercising broad jurisdiction by considering indicators such as parallel proceedings in a foreign country, the existence of suitable conditions for proceedings in a foreign country, or the need to observe courtesy towards the foreign government. Manuscript profile
      • Open Access Article

        2 - Principle of Impartiality and Neutrality in the Exercise of Discretionary Powers in the Light of a Decision by the Administrative Court
        Seyyed shahaboddin Musavizade merkie
        Discretionary power is a power granted by the legislator to public authorities with the aim of serving the public interest. This power is exercised in various areas, including the recruitment of volunteers in government agencies. According to the Universal Declaration o More
        Discretionary power is a power granted by the legislator to public authorities with the aim of serving the public interest. This power is exercised in various areas, including the recruitment of volunteers in government agencies. According to the Universal Declaration of Human Rights, individuals have the right to equal access to public employment in their own country. According to the Law on the Administration of Public Services, the principle of meritocracy applies to entry into executive agencies. However, placing criteria such as religious beliefs in addition to acceptance in the entrance competition has a legal basis according to the Law on the Administration of Public Services. The question now is how can these two important issues (meritocracy and compliance with selection criteria) be achieved? This article attempts to answer this question by describing and analyzing a decision by an administrative court through a library study using data extraction tools. The results showed that compliance with the principles of impartiality and neutrality by executive agencies and supervision by administrative courts are good tools for achieving the legislative goal of granting discretionary powers to administrative authorities. Manuscript profile