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Showing 8 results for Rule of Law
Volume 12, Issue 1 (8-2020)
Abstract
This paper studies the situation of the developmental state in Iran and its role in promoting economic development. The main question of the present study is why in the post-revolutionary Iran, the "developmental state" did not function efficiently and could not successfully promote the economic development of the country. To answer the research question, Adrian Leftwich's theory of developmental state was used as the conceptual framework of the present study. Douglass C. North et al.’s theory of social orders was also applied. The present study is based on historical research method and narrative analysis technique. In the present study, the "national government" is the unit of analysis. Domestic, regional and international events and conditions are selected as the context of economic development in relation to the national state and are analyzed on a time-lapse basis. According to the findings, the structural and institutional weaknesses of the state along with regional and international developments have led the country to internal and external tensions. Thus, despite the effectiveness of the state in Hashemi Rafsanjani and early Khatami period, the country enters internal and external tensions and eventually the “security” discourse replaces the “development” discourse. Under such circumstances, the country's priorities and institutional arrangements would no longer be “developmentally-driven”, and the process of economic development of the country would be interrupted and even set back.
Volume 14, Issue 4 (3-2011)
Abstract
Nowadays, the Rule of Law has progressed from doctrinal stage into a dominated concept in Public Law. This concept is capable of becoming compatible with any legal system. At the same time, it is flexible and relative enough to be able to accept the legal and social values of different societies. This article has been written to reply to the doubts and questions about the nature and functions of the Rule of Law. To obviate the existing doubts concerning the Rule of Law, initially, the theoretical principles of this concept shall be recognized. Furthermore, from different aspects, it is made of many parts. Some of these parts conduct the normative shape and cadre of the Rule of Law, which bring this issue to realization in two aspects: they either arrange its structure similar to the principles of Separation of Powers and jurisdictional independence or like the principle of Hierarchy of Norms arrange the normative cadre. Moreover, there are some other items such as Legal Security and Equality, which facilitate to bring into realization the ultimate Rule of Law, supporting the fundamental rights and liberties. .
Volume 20, Issue 1 (5-2016)
Abstract
Accountability as an element of good governance has long been in the core attention of Public Law and Politics scholars. Despite this, the concept of accountability and its dimensions are ambiguous, and sometimes, there exists confusion. This article tries to achieve the concept of accountability through functional democracy according to its object(i.e. allocating power). According to this definition, accountability is a two -dimensional concept and consists of “Answerability” and “Enforcement”: which achieving each of them needs two preconditions: transparency and rule of law. Furthermore, even if one or two of them are missing, we may still legitimately speak of acts of accountability. Irrefutably clarifying the position of accountability in democracy and good governance can be useful for understanding this concept. Accountability is a concept with the emergence of which the concerns about limiting, control, monitoring and balancing the power can be fulfilled.
Volume 20, Issue 3 (11-2016)
Abstract
The right to tax complaint is an important aspect of the general right of citizens to petition. This right is recognized in both Iran and English legal systems and its foundations are taken from the concept and principles of Constitutions. Furthermore, in English law, the right to complaint results from the traditional and fundamental principles of the Common Law, and the Theory of Natural Justice and Procedural Fairness too. Moreover, advances in Theory the Rule of Law and recognizing principles such as Legitimate Expectations, Proportionality, Obligation to state reasons and theory of Ultra Vires are favorably is guaranteed the right to tax complaint. In the Iranian legal system, the most important basis of the right to tax complaint is Article 34 of the Constitution; however, some concepts in English law, are unknown in Iranian law in the framework of the Rule of Law and it is necessary that, the legal system identify them, and guarantee the rights of tax payers in the country's tax system as well. It seems that, totally the right to tax complaint in English law (in addition to the rules of the constitution), takes its foundations-from the ancient concept of Natural Justice by two fundamental traits: Impartiality and Hearing, while in Iranian law, this right can be derived from the fundamental idea of the Rule of Law and within the framework of Article 34 of the Constitution, and has less antiquity than English law.
Volume 23, Issue 3 (9-2019)
Abstract
In domestic law, the influence of the will of the parties in the conclusion of the contract is subject to the non-opposition of this will to the customary rules of the rights of that country. But in the international arena, which may have parties to different nationalities or, a foreign element may be involved in a contract, one of the issues that arises is the degree of influence of the will of the parties in the choice of law and Obstacles to the enforcement of this law are selective, in the Rome Rule one, "In addition to recognizing the principle of degradability or the depecage the principle of Sovereignty of will, in absolute terms, but in American law, the principle of Sovereignty of will, with due observance of a fundamental or rational condition, is conditionally admissible. In recent years, with the change in the American legal system's approach, the principle of sovereignty of will has been abandoned and is fully recognized in international treaties. Of course, in spite of the absolute acceptance of the principle of the will of will, the law may not be enforced because of the opposition to the general order and the rules of the country's home court.
Mr. Abbas Motaharinezhad, Dr. Zahra Nasrollahi,
Volume 23, Issue 4 (12-2023)
Volume 23, Issue 4 (12-2023)
Abstract
One tool to achieve macroeconomic goals is to control the volume of liquidity. There are two views on the control of liquidity volume. The first view argues that good governance and commitment to the laws for money creation hinder increasing and uncontrollable volume of money. This view emphasizes the important role of institutions in controlling or growing liquidity. So, one of the reasons for the growth of liquidity is rooted in the laws and the extent of the rule of law of the countries. The second view suggests how the creation of money affects the rule of law and its influence channels. Long-term mismanagement of money has sudden and unpredictable effects and leads to institutional and sometimes fundamental change. The purpose of this article is to explain the non-linear relationship between money creation and the rule of law. For this purpose, the panel model with a threshold approach (PSTR) has been used, based on the data of the countries having oil reserves during 2002-2020. Based on the results, the variables of money creation and rule of law have negative relationships with each other, and the results confirm the acceptance of both views. In other words, the creation of money and its consequences changes and weaken the rule of law through various channels. Also, the weakness of laws in oil countries leads to the growth of money creation. Therefore, one of the causes of the weakness of the rule of law in these areas should be sought in the creation of money and its consequences. Moreover, the growth of liquidity is affected by the weakness of the rule of law in the growth or control of the amount of liquidity.
Introduction:
In the early models of economic growth, the role of saving and investment was emphasized. In the next models, factors such as the growth of knowledge and technology, human skill and business growth were taken into consideration. In the last few decades, the role of non-economic factors such as democracy (Sen, 1999) and institutions (North, 1990; Acemoglu, 2004) on economic growth has been emphasized. Acemoglu et al. (2005) argue that the distribution of resources and the distribution of power have dominant effects on the growth path of countries precisely through their effect on economic institutions such as property rights (Hartwell, 2018). From this point of view, it is political institutions that affect economic variables.
On the other hand, extreme behavior by economic institutions, whether during or in the acceleration of a crisis, may in turn disrupt or determine political institutions and their subsequent paths and quickly change the status quo in a destabilizing manner. Periods of crisis and periods of severe inflation have the ability to impose changes in the distribution of power throughout society, and as a result, change political institutions. Even more "normal" economic disturbances may change bargaining strategies and political coalitions, and transform a country's political institutions (Hartwell, 2018). From this point of view, the economic institution of money will have an effect on political institutions (Money affects political institutions)
Based on this, the present study, while examining the relationship between money creation and the rule of law, and how these two affects each other, seeks to examine two perspectives. The first perspective believes that the rule of law prevents the expansion of the money supply. Therefore, the reason for the growth of liquidity should be investigated in the laws and the extent of rule of law. In other words, the weakness of the rule of law causes the growth of liquidity. Another perspective emphasizes the issue of money creation and its benefits and examines how money creation affects the rule of law and its influence channels. If we look at money as a receipt for production, it means that the people of a nation determine GDP by producing and creating wealth and receive a receipt in the form of money in return for their share in it. Next to this group, there is another group (governments and bankers) who have the power to create money (or those who are given money created by the choice of the government and banks) and when dividing GDP, next to the first group own part of the production. This is the effect of money creation on property rights and consequently on the rule of law.
Methodology:
In this research, the bilateral and non-linear relationship between money creation and the rule of law is investigated among selected oil-abundant countries during 2002-2020 by using the Panel Smooth Transition Regression Models (PSTR).
To investigate the mutual effects of rule of law and money creation, two models were considered. In the first model, the rule of law index was considered as a dependent variable, and in the second model, broad money growth (annual %) was considered as a dependent variable. Control variables according to previous studies include oil rents (% of GDP), economic growth (GDP growth), trade openness, urban population growth, quality of regulations and abundance of natural resources.
Results and Discussion:
The linear part confirms the negative and one-way causality relationship from money creation to the rule of law. The estimation results of the non-linear part of the model confirm the existence of a negative relationship between money creation and the rule of law, and confirm the bilateral causality relationship between the two. In other words, the results show that the creation of money is a factor to weaken the rule of law and the weakness of the rule of law has also caused the growth of liquidity.
Conclusion:
The results confirm the existence of a negative relationship between money creation and the rule of law, as well as the bilateral causality between these two variables. In other words, the results show that the creation of money and its benefits change and affect the rule of law through various channels. Also, the weakness of rule of law in oil countries leads to the growth of money creation. Based on the results, it is suggested that the oil governments provide space for investment and free trade by shrinking their bodies, and with commercial freedom and the development of financial markets, and by directing foreign exchange income and stray liquidity to the real sector of the economy in a targeted manner. It is also suggested that the oil countries manage their liquidity by reforming the monetary system and the banking sector, and defend private property and the rule of law by preventing the transfer of ownership that occurs through money creation and inflation. This can provide more opportunities for the private sector. The prosperity of the private sector and the increase of competition in different economic sectors and the use of economic freedom policies lead to more dynamism of the economy.
Introduction:
In the early models of economic growth, the role of saving and investment was emphasized. In the next models, factors such as the growth of knowledge and technology, human skill and business growth were taken into consideration. In the last few decades, the role of non-economic factors such as democracy (Sen, 1999) and institutions (North, 1990; Acemoglu, 2004) on economic growth has been emphasized. Acemoglu et al. (2005) argue that the distribution of resources and the distribution of power have dominant effects on the growth path of countries precisely through their effect on economic institutions such as property rights (Hartwell, 2018). From this point of view, it is political institutions that affect economic variables.
On the other hand, extreme behavior by economic institutions, whether during or in the acceleration of a crisis, may in turn disrupt or determine political institutions and their subsequent paths and quickly change the status quo in a destabilizing manner. Periods of crisis and periods of severe inflation have the ability to impose changes in the distribution of power throughout society, and as a result, change political institutions. Even more "normal" economic disturbances may change bargaining strategies and political coalitions, and transform a country's political institutions (Hartwell, 2018). From this point of view, the economic institution of money will have an effect on political institutions (Money affects political institutions)
Based on this, the present study, while examining the relationship between money creation and the rule of law, and how these two affects each other, seeks to examine two perspectives. The first perspective believes that the rule of law prevents the expansion of the money supply. Therefore, the reason for the growth of liquidity should be investigated in the laws and the extent of rule of law. In other words, the weakness of the rule of law causes the growth of liquidity. Another perspective emphasizes the issue of money creation and its benefits and examines how money creation affects the rule of law and its influence channels. If we look at money as a receipt for production, it means that the people of a nation determine GDP by producing and creating wealth and receive a receipt in the form of money in return for their share in it. Next to this group, there is another group (governments and bankers) who have the power to create money (or those who are given money created by the choice of the government and banks) and when dividing GDP, next to the first group own part of the production. This is the effect of money creation on property rights and consequently on the rule of law.
Methodology:
In this research, the bilateral and non-linear relationship between money creation and the rule of law is investigated among selected oil-abundant countries during 2002-2020 by using the Panel Smooth Transition Regression Models (PSTR).
To investigate the mutual effects of rule of law and money creation, two models were considered. In the first model, the rule of law index was considered as a dependent variable, and in the second model, broad money growth (annual %) was considered as a dependent variable. Control variables according to previous studies include oil rents (% of GDP), economic growth (GDP growth), trade openness, urban population growth, quality of regulations and abundance of natural resources.
Results and Discussion:
The linear part confirms the negative and one-way causality relationship from money creation to the rule of law. The estimation results of the non-linear part of the model confirm the existence of a negative relationship between money creation and the rule of law, and confirm the bilateral causality relationship between the two. In other words, the results show that the creation of money is a factor to weaken the rule of law and the weakness of the rule of law has also caused the growth of liquidity.
Conclusion:
The results confirm the existence of a negative relationship between money creation and the rule of law, as well as the bilateral causality between these two variables. In other words, the results show that the creation of money and its benefits change and affect the rule of law through various channels. Also, the weakness of rule of law in oil countries leads to the growth of money creation. Based on the results, it is suggested that the oil governments provide space for investment and free trade by shrinking their bodies, and with commercial freedom and the development of financial markets, and by directing foreign exchange income and stray liquidity to the real sector of the economy in a targeted manner. It is also suggested that the oil countries manage their liquidity by reforming the monetary system and the banking sector, and defend private property and the rule of law by preventing the transfer of ownership that occurs through money creation and inflation. This can provide more opportunities for the private sector. The prosperity of the private sector and the increase of competition in different economic sectors and the use of economic freedom policies lead to more dynamism of the economy.
Mr. Behnam Nemati, Dr. Farzad Karimi, Dr. Saeed Daee Karim Zadeh,
Volume 23, Issue 4 (12-2023)
Volume 23, Issue 4 (12-2023)
Abstract
Introduction:
During the last two decades, with the increase in international exchange of goods and services, environmental problems, including climate change and global pollution, have increased significantly. The global effort to reduce environmental problems has put the importance of production and international trade of environmental goods on the agenda of many developed and developing countries.
Methodology:
Institutional restrictions influence trade and export of these goods. These restrictions include environmental regulations, quality of regulations and rule of law. The aim of the present study is to investigate the effect of this category of institutional restrictions on the export of pollution management goods in developing countries in the framework of the gravity model. In this article, the environmental goods under study include those goods, which are produced or consumed by industry in order to reduce and manage air and water pollution. The econometric model is estimated by panel data for period 1996-2021 and a sample of 131 developing countries, and 196 export destinations using the fixed effects method.
Results and discussion:
The results show that the institutional limitation from the perspective of strict environmental regulations and the quality of the institutional environment of the countries of origin has an effect on the export of environmental goods that manage pollution. This result is also true from the point of view of strict environmental regulations of export destinations. Therefore, in addition to the traditional factors affecting international trade, institutional restrictions are strong drivers of the export of pollution management goods in developing countries and their export destinations.
Conclusion:
Therefore, policies based on institutional restrictions from the perspective of strict environmental regulations in developing and destination countries help the export flow of environmental goods that manage pollution and lay the foundation for the participation of developing countries in the global and regional value chain of environmental goods.
During the last two decades, with the increase in international exchange of goods and services, environmental problems, including climate change and global pollution, have increased significantly. The global effort to reduce environmental problems has put the importance of production and international trade of environmental goods on the agenda of many developed and developing countries.
Methodology:
Institutional restrictions influence trade and export of these goods. These restrictions include environmental regulations, quality of regulations and rule of law. The aim of the present study is to investigate the effect of this category of institutional restrictions on the export of pollution management goods in developing countries in the framework of the gravity model. In this article, the environmental goods under study include those goods, which are produced or consumed by industry in order to reduce and manage air and water pollution. The econometric model is estimated by panel data for period 1996-2021 and a sample of 131 developing countries, and 196 export destinations using the fixed effects method.
Results and discussion:
The results show that the institutional limitation from the perspective of strict environmental regulations and the quality of the institutional environment of the countries of origin has an effect on the export of environmental goods that manage pollution. This result is also true from the point of view of strict environmental regulations of export destinations. Therefore, in addition to the traditional factors affecting international trade, institutional restrictions are strong drivers of the export of pollution management goods in developing countries and their export destinations.
Conclusion:
Therefore, policies based on institutional restrictions from the perspective of strict environmental regulations in developing and destination countries help the export flow of environmental goods that manage pollution and lay the foundation for the participation of developing countries in the global and regional value chain of environmental goods.
Volume 28, Issue 4 (1-2025)
Abstract
The Social Rule of Law is a type of the rule of law, originating from the tradition of social democracy. The research aims to examine the evolution of the rule of law into a socially-oriented model, focusing on its principles, goals, and structure. Key research questions address the essence, goals, and functions of the Social Rule of Law. The research uses a descriptive method and the data collection tool is library. Hermann Heller, as the founder of the concept, argues that democratic-based approach allows for the harmonization of the rule of law with social orientation, showing similarities between the Social Rule of Law and the Liberal Rule of Law. The findings of the research show that the Social Rule of Law reconfigures the private sphere in order to safeguard the social rights of citizens, eliminating social oppression within civil society. Its primary functions include monitoring private relationships between citizens and ensuring social security through the involvement and control of the government. The critical requirements for this system include expanding the executive, strengthening social legislation, ensuring substantive equality, and increasing the powers of the judiciary and parliament to deal with social rights.
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