Comparative Studies in Jurisprudence, Law, and Politics

Judicial Oversight of Administrative Police in States of Emergency in Iranian and Iraqi Law

Husam Hazim Ahmed Ahmed

; Seyed Mojtaba Vaezi *

; Mohammad Javaheri Tehrani

, Hadi Salehi

States of emergency, as one of the most complex situations of governance, constitute an arena in which the balance between maintaining public security and safeguarding fundamental freedoms is challenged. The administrative police, as the executive arm of the state in managing public order, are vested with broader powers in such circumstances, which creates the risk of abuse or arbitrary exercise of authority. This study, adopting a comparative approach, examines judicial oversight of the actions of the administrative police during states of emergency in the legal systems of Iran and Iraq. The theoretical framework of the study is based on the linkage between the theory of the rule of law and the theory of the state in exceptional circumstances. The research method is descriptive–analytical, relying on library data and fundamental legal sources of both countries. The findings reveal that although both countries, in terms of legal foundations, recognize the legitimacy of judicial oversight, institutional shortcomings, ambiguities in jurisdiction, and security considerations have limited the effectiveness of such oversight in practice. As a result, recommendations are provided, including clarification of the scope of administrative police powers, strengthening of specialized judicial capacities, and the establishment of multi-layered accountability mechanisms.

Pathology of the Policy-Making Process in Economic Development Programs in the Islamic Republic of Iran (Case Study: Comparison of the Khatami and Ahmadinejad Administrations)

Mohammad Reza Kari

; Hojjatallah Darvishpour *

; Mohammad Ali Khosravi

https://doi.org/10.61838/

Growth and development are among the most significant contemporary challenges facing developing societies, as they both reflect the level of political, economic, and social cohesion and stability, and demonstrate the existing human, political, and economic capacities within these societies. The factors preventing the achievement of economic development goals in Iran are associated with multiple variables. This study, aiming to analyze the deficiencies of the decision-making processes in economic development programs from the perspective of public policy, examines the Khatami and Ahmadinejad administrations. The central research question is: What deficiencies have the decision-making processes in Iran’s economic development programs faced from the viewpoint of public policy during the Khatami and Ahmadinejad administrations? The main hypothesis is that both administrations encountered the challenge of multiplicity of decision-making centers; however, the Khatami administration benefited from a greater degree of economic liberalization, whereas the Ahmadinejad administration adopted a slogan-driven justice-oriented approach. This research is fundamental in nature and has been conducted using a descriptive-analytical approach and a case study method. Qualitative research tools such as collecting and reviewing printed sources, economic documents, economic and political narratives, as well as analyses and interpretations within the timeframe of the two administrations, were employed. The findings reveal that several key strategies can play a significant role in improving decision-making processes; if implemented simultaneously and integrated into the system, these strategies can lead to transparent and sustainable change in the development process. The objective of the study is to provide description, decomposition, analysis, and inference of the relationships among the available data, and to assess the degree of influence among variables in order to identify deficiencies and ultimately offer practical recommendations.

The Position of Terror in the Weakening of National and International Security

Hadi Nakhjavanniya

, Mohsen Shekarchizadeh *

, Razie Ghasemi Kahrizsangi

https://doi.org/10.61838/

Terror, meaning the creation of fear, has been described as a terrifying and horror-filled situation that emerges through engaging in violent and surprising individual or group behaviors aimed at achieving political and ideological objectives and disseminating one’s own views. The characteristics of terror include the use of force and violent actions to instill fear, conducting actions unlawfully and illegitimately, targeting based on political and ideological purposes, as well as the acquisition and preservation of power. In fact, it is used as a powerful tool to maneuver and attain political and religious objectives. Today, combating the phenomenon of terrorism has turned into a pressing issue for the international system; because the chaotic conditions resulting from its occurrence not only damage human security but also directly assault both national and international security. The important point is that terrorism is a strategic phenomenon utilized to achieve objectives and to exert influence on the national security of states, especially those of the Third World.

جرایم ناقض حقوق بشر و مسئولیت کیفری اشخاص حقوقی در آنها

سمیرا بخشی

, رضا نیکخواه *

, سیامک جعفرزاده

https://doi.org/10.61838/

حقوق بشر و در شکل جهانی آن حقوق بین المللی بشریت در واقع برای جلوگیری از تضییع حقوق مسلم انسانها فارغ از منطقه جغرافیای ، دین ، رنگ ، پوست و ... همواره مورد توجه جوامع و کشور های جهان قرار گرفته است. پذیرش مسئولیت کیفری توسط اشخاص حقوقی و جرم انگاری نقض حداقل برخی از آنها ، رعایت حقوق بنیادین بشر را زیر سوال برده و حمایت از حقوق بشر را متزلزل می کند. در این تحقیق با روش تحلیلی – توصیفی به جرایم ناقض حقوق بشر پرداخته شده است و یافته ها نشان می دهند که از سالهای قبل و در بعد از جنگ جهانی دوم بررسی و رسیدگی به حقوق افراد و انسانها همواره مورد توجه دولت های محلی و نیز مجامع بین المللی قرار گرفته است. همچنین می توان جنگ جهانی دوم را نقطه عطف رسیدگی به حقوق علیه بشریت و نقض حقوق انسانها و گروههای بشریت دانست. لذا از این واقعه جهانی به بعد حاکمیت ها و نیز نهاد های بین المللی دریافتند که باید برای رسیدگی به این موضوع مهم بایستی نهاد ها ، کنوانسیون ها و دادگاههای ویژه در راستای احصا و احیای حقوق انسانها تاسیس شوند. پس اقدام به این امر حیاتی انجام گردید. در همین راستا علاوه بر اینکه مسئولیت حقیقی و مدنی افراد مرتکب جنایت ها مورد توجه بوده ، مسئولیت کیفری اشخاص حقوقی هم بصورت ویژه مد نظر نهاد های قضائی جهانی قرار گرفت. بطوریکه اکنون با وضع قوانین خاص مربوط به ارتکاب جرایم جزایی ناقض حقوق بشر دیگر نمی توان مسئولیت کیفری اشخاص حقوقی اعم از افراد ، دولت ها ، حاکمیت ها و شرکت ها را انکار نمود.

Effects of Fundamental Human Rights in the International and Islamic Human Rights Systems

Taha Teimouri

; Malek Zolgadr *

; Seyed Frashid Jafari Pabandi

https://doi.org/10.61838/

Fundamental human rights, as inalienable and non-derogable rights, occupy a central position in both international and Islamic legal systems. These rights not only serve as guarantees for the inherent dignity of human beings but also leave profound and far-reaching effects on the legal structures of both systems. In the international human rights system, fundamental rights, due to their jus cogens nature, play a pivotal role in the international responsibility of states and exert wide-ranging influence in areas such as humanitarian law, international trade, universal criminal jurisdiction, and the limitation of state sovereignty. In the Islamic human rights system as well, drawing on sources such as the Qur’an, the Sunnah, and ijtihad, fundamental rights are recognized as rights originating from human nature and divine will. The effects of these rights in Islamic jurisprudence and legal principles are reflected through doctrines such as the prohibition of harm (la darar), justice, restitution of rights, and respect for human life. Despite commonalities such as human dignity and universality of scope, significant differences are observed in the logic of derivation, scope of application, and implementation of these rights in the two systems. These differences, in practice, result in distinct legal, social, and executive consequences, the analysis of which provides a proper pathway for intercultural dialogue and the promotion of a shared understanding of justice and human rights.

A Comparative Study of Types of Damages Arising from Non-Performance of Obligations in the Legal Systems of Iran and Egypt

Farid Farahmand *

https://doi.org/10.61838/

The present study examines the types of damages resulting from the non-performance of obligations in the legal systems of Iran and Egypt. Focusing on contractual and non-contractual obligations, this research analyzes the theoretical foundations, research background, methods of compensation, and comparative findings in these two legal systems. The research method is descriptive-analytical and based on documentary and library studies. The findings indicate that in Iranian law, damages arising from non-performance of obligations are mainly compensated based on jurisprudential rules such as the rule of La Zarar (no harm) and causation, whereas in Egyptian law, a combination of jurisprudential rules and codified legal principles, including the Egyptian Civil Code, forms the basis of compensation. This article provides recommendations for harmonizing the procedures of damage compensation in these two legal systems.

Role and Position of the Attorney in Crime Prevention: A Comparative Study in the Criminal Law of Iran and the United States of America

Mohammad Shanbepour Madavan

; Rahim Ekrami *

; Ali Pourjaveheri

https://doi.org/10.61838/

The role and position of attorneys in crime prevention within different legal systems—particularly in the criminal law of Iran and the United States—can have a significant impact on reducing crime rates and strengthening the process of fair trial. This article provides a comparative analysis of the role of attorneys in crime prevention in Iran and the United States. Attorneys can contribute to crime reduction through social, situational, and criminal preventive interventions. In the United States, attorneys—by leveraging the media and participating in civil activities—exert considerable influence in critiquing unjust structures, whereas in Iran, despite legislative advancements, certain limitations still exist. By examining this comparison, various recommendations have been proposed to improve and enhance the role of attorneys in crime prevention in Iran, including strengthening legal education for attorneys, establishing legal clinics, and supporting restorative justice programs.

Military Crimes Against National Security in Iranian and Iraqi Law

Ahmad Hossein Ali Hossein Al-Rakabi

, Masoud Heidari *

, Samah Hussein Ali

, Mahmoud Ashrafi

https://doi.org/10.61838/

Military crimes against national security in the laws of Iran and Iraq have various legal, material, and moral elements. The criminalization of such crimes in Iranian law is stipulated in the Islamic Penal Code and the Law on the Crimes of the Armed Forces, while in Iraqi law it is codified in the Iraqi Penal Code enacted in 1969. Accordingly, military crimes against national security constitute one of the highly significant subjects that can be examined in various instances. Regarding the foundations of criminalization of military crimes in Iranian and Iraqi law, various jurisprudential, legal, and criminological bases have been adopted, which reveal both commonalities and differences. Therefore, the present study aims to conduct a comparative analysis of military crimes against national security in the laws of Iran and Iraq, using an analytical–descriptive and comparative method. The findings indicate that, despite certain similarities, military crimes against national security in Iran and Iraq differ in some conditions, elements, foundations, consequences, scope of criminalization, and instances.

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.