Journal of Legal Research

Journal of Legal Research

Rights and Liberties in the Pricing Process of Public Services

Document Type : Original Article

Authors
Mohammadreza Vijeh 1
Parisa Shakouri 2
1 Associate Professor, Department of Public Law and International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.
2 PhD Student in Public Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.
10.48300/jlr.2024.458978.2650
Abstract
Public services constitute a legal construct subject to divergent conceptualizations across jurisdictions. Fundamentally, all services bear a cost, including public services. This cost exists along a spectrum, with at one extreme the provision of public services free of charge as their "price," and at the other amounts determined either by market forces or governmental authority. Within this pricing process for public services, certain vested rights and liberties may become restricted or substantially impaired for particular constituencies once pricing is established. Consequently, the pricing of public services must adhere to established juridical parameters that safeguard citizens' rights and liberties. Implementing differential pricing does not inherently violate citizens' rights and liberties; rather, it may constitute a permissible differentiation. Such positive discrimination (or distributive equity measures) in the pricing process can serve to advance the realization of fundamental rights. The pricing calculus implicates multiple rights dimensions: The legal framework governing public service pricing may affect the right to public services as both an individual and collective right, while simultaneously creating actionable legitimate expectations for citizens. Furthermore, the pricing of public services may potentially engage in justifiable limitations of certain rights categories for particular demographic cohorts.
Keywords
Public Services
Pricing
Citizenship Rights
Free Procurement
Positive Discrimination
  • Ansari, Baqer. “Foundations of Solidarity Rights.” Private Law Studies, 41, 4(2011), 21-40. (in Persian)
  • Atrian, Faramarz. “The Principle of Legal Security and State Intervention in the Economic Sphere.” Public Law Studies, 47, 2(2018), 281-301. https://doi.org/10.22059/jplsq.2017.63099 (in Persian)
  • Baharlooi, Abdullah. “The Public Right to Life in Islam and Human Rights Declarations.” Public Law Thoughts, 6, 10(2016), 7-26. (in Persian)
  • Barzegar, Abdolreza. “Status and Duties of the Competition Council in the Legal System of Iran.” Administrative Law, 1, 3(2014), 148-178. (in Persian)
  • Bean, Jennifer and Lascelles Hussey. Costing and Pricing public services. Mobile, Ala: Hb Publications, 2011.
  • Dekker, Christopher. Modern Economic Legislation: An Introduction to Theory and Practice. Translated by Ali Nazemi Ashni and Tahmineh Eteghagh. Tehran: Donya-e-Eqtesad Publications, 2021. (in Persian)
  • Dougie, Leon. Public Law Lessons. Translated and explained by Mohammadreza Vizeh. Tehran: Mizan Publishing, 2009. (in Persian)
  • Fallahzadeh, Ali Mohammad. “The Relationship between Citizenship Rights and Human Rights.” Judiciary Law, 71, 58(2007), 47-64. https://doi.org/10.22106/jlj.2007.11416 (in Persian)
  • Ghamami, Seyed Mohammad Mehdi. “The Relationship between Freedoms and Economic Security in the Constitutional Law System of Iran.” Iranian Economy and Economic Security, 1, 2(2020), 125-164. (in Persian)
  • Ghari Seyed Fatemi, Seyed Mohammad. Analytical Essays on Rights and Freedoms. Fifth edition. Tehran: Negah-e Moaser Publications, 2017. (in Persian)
  • Ghari Seyed Fatemi, Seyed Mohammad. Human Rights in the Contemporary World. Fourth edition. Tehran: Shahr-e Danesh Legal Studies and Research Institute, 2014. (in Persian)
  • Gholipour, Aryan, Hoorieh Bagestani Barzaki, and Ali Asghar Pour Ezzat. “The Relationship between Citizens’ Awareness of Citizenship Rights and Organizational Accountability and Transparency.” Social Welfare, 10, 38(2010), 7-40. (in Persian)
  • Hashemi, Seyed Mohammad. Human Rights and Fundamental Freedoms. Third edition. Tehran: Mizan Publications, 2014. (in Persian)
  • Hedavand, Mehdi and Ali Mashhadi. Principles of Administrative Law (In Light of the Rulings of the Administrative Justice Court). Fourth edition. Tehran: Khorsandi Publications, 2016. (in Persian)
  • Hemmati, Mojtaba. “Economic and Social Rights and Their Relationship with Citizenship Rights in Light of Rawls’ Theory of Justice.” Judiciary Law, 71, 58(2007), 65-92. (in Persian)
  • Heydargolizadeh, Jafar and Mohammad Zakir Ardakani. “Comparative Study of the Right to Health and Medical Care in Iranian Law, International Documents, and the Case Law of the European Court of Human Rights.” Islamic Human Rights Studies, 10, 21(2021), 79-100. (in Persian)
  • Jackson, Emerson Abraham. “Importance of the Public Service in Achieving the UN SDGs”. In: Leal Filho, W., Azul, A.M., Brandli, L., Lange Salvia, A., Wall, T. (eds). Decent Work and Economic Growth. Encyclopedia of the UN Sustainable Development Goals. Cham: Springer, 2020. https://doi.org/10.1007/978-3-319-71058-7_20-3
  • Jamshidi, Alireza and Aryan Petafat. “Citizenship Rights in the Light of New Administrative Procedures.” Bioethics Quarterly, 6, 21(2016), 23-50. https://doi.org/10.22037/bioeth.v6i21.14692 (in Persian)
  • Karimi, Hossein. “Moral Rights and Their Position in Cyberspace.” Applied Ethics Studies, 12, 46(2016), 71-88. Doi: 10.22081/jare.2017.45013 (in Persian)
  • Khoshnoudi, Reza and Mina Hosseini. “The Legal Nature of the Competition Council and Review of Its Decisions.” Legal Research, 19, 75(2016), 201-225. (in Persian)
  • Kohli, Chiranjeev & Rajneesh Suri. “The price is right? Guidelines for pricing to enhance profitability”. Business Horizons, 54, 6(2011), 563-573. https://doi.org/10.1016/j.bushor.2011.08.001
  • Kykha, Reza. “Examining the Application of the Principle of Legitimate Expectation in the Administrative Justice Court.” Political Science, Law, and Jurisprudence Studies, 2, 3(2016), 252-272. (in Persian)
  • Madanian, Gholamreza, Hossein Rahmatollahi, and Ahmad Khaleghi Damghani. “Possibility and Impossibility of Explaining the Concept of Public Order in Law (A Comparative Study of the Laws of Iran, England, and France).” Comparative Law, 15, 3(2011), 133-152. (in Persian)
  • Mansouri Jozani, Arzhang, Seyed Naseredin Badisar, and Dariush Babaei. “The Status of Duties in the Transition from Human Rights to Citizenship Rights.” Political Science, Law, and Jurisprudence Studies, 5, 4(2019), 30-49. (in Persian)
  • Mirshkari, Abbas, Marzieh Mokhtari, and Javad Farahani. “Fundamental Principles of the Constitution in Describing the Issue of Citizenship.” Public Law Research, 19, 57(2017), 173-201. (in Persian)
  • Mo’tazedian, Saeedeh. “The Status of the National Human Rights Institution in the Legal Systems of Iran, Saudi Arabia, and Turkey.” Legal Studies, 24(2022), 209-236. (in Persian)
  • Mohahed, Mohammad Ali. In the Air of Right and Justice: From Natural Rights to Human Rights. Fourth edition. Tehran: Kargah Nashr Karnameh, 2017. (in Persian)
  • Monteiro, A. Reis. Ethics of Human Rights. Switzerland: Springer, 2014.
  • Novin, Parviz. “Public Order in Law.” Journal of the Bar Association, 198-199(2007), 19-29. (in Persian)
  • Pirasteh, Maryam al-Sadat. “Good Governance and Human Rights Protection.” Political Science, Law and Jurisprudence Studies, 3, 4(2017), 199-207. (in Persian)
  • Rostami, Vali, Seyed Mohammad Mehdi Ghamami, and Hamid Reza Salimi. “Legitimate Expectation in the Administrative Legal System.” Public Law Studies, 52, 1(2022), 231-248. https://doi.org/10.22059/jplsq.2019.284964.2073 (in Persian)
  • Sabahi Garaghani, Moein, Abolfazl Ranjbari, and Gholamhossein Masoud. “A Reflection on the Concept of Equality in the Iranian Legal System with a Focus on Supra-national Documents.” Islamic Law Journal, 22, 53(2021), 275-296. Doi: 10.30497/law.2021.15110.2808 (in Persian)
  • Sasani Nejad, Sara. “Review of the Foundations and Effects of Acquired Rights in Iranian Law.” Research in Jurisprudence and Law, 1, 2(2016), 114-124. (in Persian)
  • Shohratash, Bahjat al-Sadat, Mahmoud Hekmatnia, and Javad Habibi Tabar. “Structural Analysis of the Theory of the Principle of Equality in Human Rights Thought and Critique of Its Reasoning Foundations.” Jurisprudential and Legal Studies on Women and Family, 3, 6(2020), 7-29. (in Persian)
  • Syafrida, Syfrida & M.T Marbun. “Public Services based on Human Rights”. Jurnal Hukum Replik, 8, 1(2020), 58-69. DOI:10.31000/jhr.v8i1.3017
  • Taheri, Ali and Ebrahim Mousazadeh. “Examining the Impact of Market-Oriented Governance on the Universality of Public Services.” Administrative Law, 9, 28(2021), 115-134. (in Persian)
  • Tayebnia, Ali and Ali Nikonasbati. “Institutions and Economic Growth.” Planning and Budgeting Journal, 18, 1(2013), 109-132. (in Persian)
  • The National Audit Office. “Deciding prices in public services markets: principles for value for money”. 2013. Available at: https://www.nao.org.uk/wp-content/uploads/2014/01/10333-001-Deciding-prices-in-public-services_30-Dec.pdf
  • Vizeh, Mohammadreza and Rezvan Pouya. “Fundamental Principles of Public Ethics in the Restriction of Individual Rights and Freedoms.” Legal Research, 21, 84(2018), 191-213. Doi: 22034/jlr.2018.118125.1117 (in Persian)
  • Vizeh, Mohammadreza. Theoretical Foundations and Structure of the Rule of Law State. First edition. Tehran: Jangal Publications, 2011. (in Persian)
  • Zakarian Amiri, Mehdi, Peyman Bolouri, Davood Hormidas Bavand, and Yousef Bagheri Hamed. “Human Security Challenges in Light of the Right to Health and Public Health.” Contemporary Comparative Law Studies, 10, 18(2019), 51-73. Doi: 10.22034/law.2019.9668 (in Persian)
Journal of Legal Research
Volume 24, Issue 62
Summer 2025
Pages 175-214