scholarly journals Constitutional Economics under an Official Thought to be Divinely Guided: Implication on Islamic Republic of Iran

2020 ◽  
Vol 10 (101) ◽  
pp. 273-287
Author(s):  
Muhammad Asim ◽  
Muhammad Akram Zaheer ◽  
Yasmin Roofi
Keyword(s):  
The State ◽  
Constitutional Economics ◽  
Economic Activities ◽  
Economic Rights ◽  
City District ◽  
Islamic Republic Of Iran ◽  
The Subject ◽  
Supreme Leader ◽  
Economic Infrastructure ◽  
The Town

Constitutional economics is an interdisciplinary subject of constitutionalism and economics where political government tries to constitutionalize the economic activities within the state. Although, every political government tries to deal with all the economic aspects during constitutional engineering but, in theocratic states, the supreme religious institution performs the respective task because of having an official thought to be divinely guided. This study comprehensively describes the concept of Vilayat-e-Faqih (introduced by the Imam Khomeni) in Iran, by which, the entire political system including the economic and financial affairs of Iran has become the subjects of Supreme Leader and his Guardian Council. Similarly, articles 20, 21, 26, 27, 28, 29 and 31 of the Iranian constitution emphasize upon economic rights of the nation in general. On the other hand, articles 43, 44, 45, 46, 47 and 48 of the constitution define Iranian economic infrastructure, which is comprised of state, corporate and private sectors.At the same time, articles from 100 to 106 of the constitution focus on the power and authorities of“the councils” at the town, city, district and provincial levels. Moreover,this study also provides constitutional economic analysis of article 05, articles 107 to 112, article 150,and article 176 that exhibits hegemony of Supreme Leader (in consultation with Guardian Council and Revolutionary Guards)regarding looking after, controlling and directing all the economic activities within the state. Furthermore, the study also investigates how and why each constitutional provision is the subject of the post of Supreme Leader (also called Vilayat-e-Faqīh; considered to be divinely guided).

scholarly journals Investigating the Juristic basis of State and Provincial Commands in the Civil Lawof Islamic Republic of Iran

2015 ◽  
Vol 6 (2) ◽  
Author(s):  
Ardeshir Fathalian ◽  
Dr. Rajab Akbarzadeh ◽  
Dr. Ahmad Hosein Falahi
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Islamic Republic ◽  
Islamic Republic Of Iran ◽  
The Subject ◽  
Supreme Leader

<p>Governmental commands are commands which the ruler of the society prescribes according to the predicted legal terms and the general well beings of the Muslims to protect the safety of the society and resolve the deadlocks. Guardian jurist's (Vilayat-e Faghih's) and supreme ruler's range of authorizations are complete and full so that Imam Khomeini announced that guardianship should include all issues for which the prophet of Islam and Shia Imams have a responsibility towards it. This study made an attempt to investigate the juristic principles of governmental commands in civil code of the Islamic Republic of Iran.The basis and evidence of the subject were referred to from Quran, narrations, Islamic jurists' and scholar's opinions and the intuition viewpoint. In the civil law of the Islamic Republic of Iran, there are some clauses like 56, 77, 79, 81, 171, 1029, and 1130 which are representative of the influence of governmental command by the supreme leader.</p>

scholarly journals Staatlichen Zölle - Portorium und Lizent - in den Städten den schwedischen Ostseeprovinzen

2020 ◽  
Vol 133 ◽  
pp. 115-162
Author(s):  
Enn Küng
Keyword(s):  
Early Modern ◽  
The State ◽  
External Trade ◽  
Economic Activities ◽  
Principal Source ◽  
The Common ◽  
Overseas Territories ◽  
The Baltic ◽  
The Town ◽  
Important State

State Duties - Portorium and Licence - in the Towns of the Swedish Baltic ProvincesThe early modern mercantilist state focused on developing and exercising control over industrial and agricultural production as well as engaging in economic activities involving internal and external trade while collecting taxes and customs duties in order to fill the treasury. In the 16th-17th centuries, rapidly developing Sweden was no exception. It was in constant need of funds to support its growing bureaucratic apparatus and its army. From 1561, additional funds had to be allocated to retain and govern its expanding overseas territories. Trade and agriculture were Sweden’s principal source of income from its Baltic provinces. Therefore, it was deemed important to create an environment conducive to trade in order to generate greater tax and custom s revenues for the state. The customs tariffs of the Baltic Sea towns as well as the common customs system in Tallinn, Narva and Nyen arose from the state’s interest in bringing Western European andRussian trade back to the Baltic Sea.The aim of the article is to look rnore closely at the state duties - portorium and licence fees, plus oktroy and Anlage duties in Riga - levied on goods in the ports of the Baltic provinces of the Swedish realm, mainly Estonia, Livonia and Ösel (Saaremaa). The archival sources used in this study are the published and unpublished laws of the Swedish central authorities and the customs and account books which survive from the 17th Century. Of these, the most important ones were special customs and license ledgers from Estonia, Livonia, Ingria and Ösel in which the state receipts for licence duties and portorium from Riga, Tallinn, Narva, Nyen, Pärnu, Haapsalu and Kuressaare were registered. Separate Anlage duty records were kept in Riga. From the early 1630s, the account books of the governorates (ledgers, verifications and journals) also included state customs receipts, but each province was considered as a whole, without distinguishing separate towns. Data on portorium receipts can also be found in the town council archives, as the state ceded a third or even half of the customs receipts to the local town councils.Customs duties constituted one-third of the state’s revenues in the province of Estonia and one half or more in Livonia. The most important state customs were the portorium and licence duty (and the Anlage duty in Riga). While portorium was gencrally divided equally with the town where it was collected, licence duty was retained by the state in its entirety. Lesser duties were collected under the name Ungelder, and theamount and volume o f these increased over time. Generally, portorium duty brought in less revenue than licence duty. Sea customs tariffs, whichoften differed from town to town, formed a complex System. From 1648, only Tallinn, Narva and Nyen constituted a common customs region with lower customs tariffs than in Riga and Pärnu.

scholarly journals Islamic View of Women Leadership as Head of the State: A Critical Analysis

2012 ◽  
pp. 195-205
Author(s):  
Mohammad Elius
Keyword(s):  
Industrial Revolution ◽  
The State ◽  
Legal Rights ◽  
Islamic State ◽  
Crucial Point ◽  
Economic Rights ◽  
The Arts ◽  
The Holy Quran ◽  
The Subject ◽  
Islamic View

Since the beginning of the industrial revolution in the West, women have been given certain social, political and economic rights after decades of struggle which Islam had confirmed unequivocally fourteen hundred years ago. Islam has clarified the legal rights and obligations of both men and women in such a balanced way that women cannot complain about their weakness or inferiority and men cannot claim their superiority over women. But this position of women has been the subject to repeated controversy because of the misinterpretations of issues regarding women in our society. This paper deals with a very crucial point, women as head of the state in a Muslim/Islamic state in the light of the Holy Quran and the traditions of Prophet Muhammad (Peace be upon him). An attempt has been made to find out the real position of women vis-à-vis the concept of leadership in Islam as objectively as possible to reach a balanced view. Before initiating the discussion on the main topic, that is, the leadership by women, we will give a brief description of women’s position in society and their participation in public life. DOI: http://dx.doi.org/10.3329/afj.v4i0.12941 The Arts Faculty Journal Vol.4 July 2010-June 2011 pp.195-205

scholarly journals The Nexus between State Liability Principle and WTO Law

2016 ◽  
Vol 7 (3) ◽  
pp. 323-342
Author(s):  
Intan Innayatun Soeparna
Keyword(s):  
The State ◽  
Economic Interest ◽  
Individual Rights ◽  
Economic Activities ◽  
Economic Rights ◽  
National Courts ◽  
The Government ◽  
State Liability ◽  
The Right

Abstract There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual’s right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.

scholarly journals Transformation of the State and Law in Iran after the Iranian Revolutionin 1979

2021 ◽  
Vol 4 (5) ◽  
pp. 146-162
Author(s):  
Sead Bandžović ◽  
Keyword(s):  
Political Institutions ◽  
Political Representation ◽  
The State ◽  
Islamic State ◽  
Islamic Republic ◽  
Sharia Law ◽  
Islamic Republic Of Iran ◽  
Supreme Leader ◽  
Old Persian ◽  
The Revolution

With the overthrow of the regime of Reza Pahlavi in 1979, the Iranian revolution ended the existence of the 2,500-year-old Persian Empire and built the Islamic Republic of Iran on its foundations. The revolution was the product of three independent social structures that merged at one point. One was the structure of constitutionalism that grew out of a century-long struggle for democracy supported by modernists; the second was Islamism as a movement to set Sharia law as the primary law supported by rural elements in society in response to Western urban elites and accepted by merchants; and the third is the nationalist structure, driven by rage fueled by Iran's long subordination to European powers. The basic principle of the Islamic Republic of Iran, proclaimed by the new constitution from 1979, is the positioning of God as the supreme bearer of people's sovereignty and people who are only marginal representatives of his power on Earth. Ayatollah Homenini, the supreme leader of the Islamic Revolution and the Iranian state, in this regard created a thesis about the Islamic State as a political representation, created on the basis of the people's will, in order to enforce God's laws. In practice, such system meant setting up Sharia (religious) laws as the only source of law in regulating social, legal and other relations within the community. A dichotomy has been created in the management of the state, so there are two groups of authorities. The first, the conciliar, consists of the Supreme leader, the Council of Guardians (Shora-ye Negahban-e Qanun-e assassi), the Council of Experts (Majles-e Khobragan Rahbari) and the Judgment Council. The task of these councils is to oversee the activities of all levels of government in order to preserve the unity, sovereignty and integrity of the Iranian political system. The conciliar government supervises and advises the republican part of the government, ie. its legislative, executive and judicial aspects. In addition to conciliar government, there is a republican government that creates laws and political decisions in accordance with religious teachings and under the supervision of theocratic political institutions. All laws and court decisions must be based on the principles of the Qur'an, and their proper interpretation requires an understanding of religious principles. On the basis of the constitution, a special High Judicial Council was established, which amended the pre-revolutionary laws (criminal, commercial, civil and procedural), thus creating the so-called “Transitional law”. The biggest changes affected the area of criminal law, where the principle of talion revenge was introduced (“an eye for an eye, a tooth for a tooth”) and the strict punishment of extramarital relations and same-sex relationships. In the domain of marital and family law, a man is given a number of rights, thus putting the woman, as a marital partner, in a more unequal position. Husbands were facilitated in divorce, temporary marriages with more than one woman were allowed, while on the other hand women were allowed the right to divorce only if it was explicitly allowed by her husband during the marriage. The revolution also introduced new sources in the regulation of legal relations. Thus, by an order of the Supreme Judicial Council of 23 August 1982, judges were ordered to use direct authoritative Islamic texts or sources on which to base their judgments in resolving disputes. Judges are required by this Order to address the Council of Guardians of the Constitution if they cannot determine with certainty whether a regulation is in accordance with Sharia law or not. If the judge does not know which law to apply, he must contact the Office of Ayatollah Khomeini for further instructions. In addition to the internal one, the revolution caused radical changes in the foreign policy field, positioning Iran as an important participant in numerous international processes at the regional and global level.

scholarly journals ON THE ISSUE OF REGULATORY FRAMEWORK FOR STATE GOVERNANCE AND MANAGEMENT OF ECONOMIC ACTIVITIES IN UKRAINE

2019 ◽  
pp. 16-27
Author(s):  
Svitlana Bevz
Keyword(s):  
Economic Activity ◽  
Regulatory Policy ◽  
The State ◽  
Regulatory Framework ◽  
Economic Activities ◽  
Legal Personality ◽  
Legislative Framework ◽  
State Governance ◽  
The Subject

The aim of this article is to consider the regulatory framework of state governance and management of economic activity in Ukraine the notion of relevant framework, the nature of the relations that such framework applies its effectiveness. The methods of formal logic are used: analysis, synthesis, induction, deduction, analogy, generalization. The author analyzes the notion of “legislative” and “framework”, based on she synthesizes and generalizes her own vision of the concepts of “legislative framework” and “regulatory framework”. Relationship about state governance and management of economic activity is delimited deductively. Conclusions are drawn about the effectiveness of the regulatory framework of the relevant direction of State’s activities with applying induction. The view expressed that the legislative framework should be included only laws of Ukraine and international agreements ratified by the Verkhovna Rada of Ukraine, the consent of which is binding on the Verkhovna Rada of Ukraine. Results and conclusions. It is emphasized on the need to delimit the terms “regulatory framework”, “legislative framework”, “law framework”. The ratio of the latter two concepts can be determined by analogy between the concepts of “system of legislation” and “system of law”. The author draws attention to the fact that the principle of the definition of the range of relations covered by the regulatory framework for state governance and management of economic activity is the understanding of the subject of such activity – the state, which is endowed with both powers of authority and economic legal personality. At first case, it is state governance, at second – state management. Therefore, the relevant regulatory framework unites sources that determine the rules of conduct for the state – the subject of power and the state – a subject with economic legal personality. It was also emphasized that the quality of the regulatory framework of state governance and management of economic activity in Ukraine depends on the proper implementation of the state regulatory policy in the field of economic activity, primarily the principles of the relevant policy. They defined by the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity”: expediency, adequacy, efficiency, balance, predictability and take into account of public opinion. The latter may serve as criteria for regulatory acts in the field of economic activity, the discrepancy with them is indicates the poor quality of such legal act and the inexpediency of acceptance. At the same time, the quality of regulatory acts indicates the level of state regulatory policy as a whole, and their application effectiveness of state governance of economic activities. The author made a conclusion that in order to eradicate the practice of adopting regulatory acts on the same issues, relevant legislation should be primarily incorporated with subsequent codification. Those regulatory acts that management economic, in particular, organizational and economic relations, shall be codified within the Economic Code of Ukraine, those acts that govern administrative relations – in a special law and future Code of Administrative Procedures.

scholarly journals The Dynamics of Traditional Religion in the Political Economy of Ìkòrodú

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Adéyẹmí Balógun
Keyword(s):  
Political Institutions ◽  
Social Order ◽  
Social Life ◽  
The State ◽  
Religious Groups ◽  
Economic Activities ◽  
Industrial Firms ◽  
Goods And Services ◽  
The People ◽  
The Town

In the precolonial period, the coastal town of Ìkòrodú played a prominent role in the traffic of goods and services between traders on its coast and many Yorùbá groups who lived in the interior. While this traffic was sustained by socio-political institutions such as the Oloja and the Osugbo cult, the role of religious groups – including the Ifá priests, Màgbó, Líw`ẹ and Agẹmọ – remained highly influential because they represent the deities and spirits which shaped Ìkòrodú’s inhabitants’ views about social life, economic activities and political institutions. Ìkòrodú has, however, experienced a transformation from a traditional commercial economy into an urban center with modern industrial firms and capital infrastructures. The town has also witnessed the emergence of Muslimand Christian groups, and socio-ethnic groups from many parts of Nigeria. This transformation has not only challenged the authority of the traditional institutions in Ìkòrodú, it has also impacted on the religious beliefs and practices which underpin the socio-economic and political systems of the people. A notable example is the reduction in dates of religious festivals which Traditionalists believe were once instrumental in sustaining social order and prosperity in the town. The power of the state has also affected the responsibilities of the Traditionalists in the town. This article further shows how this transformation hasshaped relations between religious groups and the state in Ìkòrodú.

scholarly journals Organizacja pracy kancelaryjnej Zarządu Miejskiego w Puławach w latach 1944–1950

2017 ◽  
Vol 4 ◽  
pp. 95-113
Author(s):  
Katarzyna Gałęzowska
Keyword(s):  
The State ◽  
State Archive ◽  
Filing System ◽  
Town Government ◽  
The Subject ◽  
The Town ◽  
Source Materials ◽  
Case Based

Artykuł prezentuje zagadnienia związane z organizacją kancelarii Zarządu Miejskiego w Puławach w latach 1945–1950. Bazę źródłową stanowiły materiały archiwalne z zespołu Akta miasta Puław, znajdujące się w zasobie Archiwum Państwowego w Lublinie. Ich analiza pozwoliła na dokładne odtworzenie funkcjonowania kancelarii w okresie stosowania systemu dziennikowego, a od 1949 r. systemu bezdziennikowego. Unowocześnienie kancelarii było możliwe dzięki wprowadzeniu normatywów kancelaryjnych – instrukcji kancelaryjnej oraz rzeczowego wykazu akt, odbiegającego od powszechnie stosowanych wówczas wykazów strukturalno-rzeczowych. Organization of the Work of the Administrative Office of the Town Government in Puławy in 1944–1950 The article presents the issues of the organization of the administrative office in the town government in Puławy in 1945–1950. The source materials are the archival materials from the records of the Town of Puławy (held in the State Archive in Lublin). Their analysis allowed the author to recreate precisely the functioning of the administrative office while using it used the register system and from 1949 – the case-based filing system. The modernization of the administrative office was possible due to the introduction of office standards – office instructions and the subject index of records, which was different from the commonly used structural-subject records.

Fluctuating Value Added Relationship of the Real Sectors to the Consumption Spending Movement: Evidences from Iraq

2021 ◽  
Vol 39 (11) ◽  
Author(s):  
Muna Younus Hussein
Keyword(s):  
Service Sector ◽  
Value Added ◽  
The State ◽  
Added Value ◽  
Consumer Spending ◽  
Economic Activities ◽  
Goods And Services ◽  
Foreign Products ◽  
The Subject ◽  
Relationship Of

The subject of added value is of great importance to many economists because of its ability to calculate the output away from falling in the problem of duplication in the calculation of intermediate and semi-manufactured goods. Interest in this topic has increased recently, especially from Iraqi economists, and we seek in this research to A statement of the extent to which the added value was affected by consumer spending, as the research found a fluctuating, reciprocal and continuous relationship between the added value of economic activities and the consumer agreement movement, as well as the austerity policies produced by the Iraqi government after 2014 and many deductions from the salaries of employees and retirees have an impact on the agreement movement of consumers and added value For all sectors, while the research recommended the reconstruction, rehabilitation and operation of factories and companies in the form of a partnership between the state and the private sector, the truth is that the state started to apply the partnership in the industrial and service sector, but it raised its hand from supporting the national product by providing fuel at affordable prices and energy or communications and others in order to reduce costs and enhance Value added. Also, legislation should be in place to protect the product My country is extremely competitive with foreign products. Existing legislations are not sufficient to activate the customs tax on imports of foreign goods and services.

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