Journal of Legal Research

Journal of Legal Research

Concept, Challenges and Strategies for Restoring Public Rights by the National Inspection Organization

Document Type : Original Article

Authors
Mojtaba Hemmati 1
Hossein Khazaei 2
1 Assistant Professor, Department of Public Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.
2 M.A in Supervision and Inspection Management, University of Judicial Sciences and Administrative Services, Tehran, Iran.
10.48300/jlr.2024.424161.2490
Abstract
In the second paragraph of Article 156 of the Constitution, the revival of public rights and the expansion of justice and legitimate freedoms are mentioned among the duties of the judiciary. But more than four decades after the adoption of the Constitution, in the codified laws, the concept and mechanisms of realization of public rights, the responsible authorities in this field and its challenges have not been determined and explained. Despite the fact that doctrines deal with concept and obstacles of revival of public rights, but does not address the relationship between the National Inspection Organization and the revival of public rights, its challenges and solutions. The purpose of this study is to address this issue. The research indicates that the second paragraph of Article 156 should be set as "implementation and expansion of justice through guaranteeing public interests and rights-citizens" and And the inspection organization should perform its duties under the supervision of the leadership (as the supervisory authority of all public organisations), and the 90th Principle Commission and the Court of Accounts should be integrated and organized in this organization. In this case, both active and comprehensive supervision and inspection will be achieved, and parallel work will be eliminated and public rights will be better provided.but this requires a review of the principles of the Constitution, including Article 174; However, in the current situation, the inspection organization should focus on addressing internal (soft) and external (hard) challenges to achieve the goal of revitalizing public rights.
Keywords
Revival of Public Rights
Inspection Organization
Constitution
Public Interest
Citizenship Rights
  • Abbaspour, Majid. Environment and Energy for Sustainable Development. Vol. 1, 1st ed. Tehran: Sharif University of Technology Press, 2007. (in Persian)
  • Abedi, Zahra, Mehdi Riyahi, and Saleh Salehi. “Economic Analysis of Environmental Crimes in Iran and Their Implementation Challenges.” Environmental Science and Technology, 16, no. 4 (Winter 2014). (in Persian)
  • Ahmadzadeh Laieqi, Tahmineh. “International Standards for Environmental Management: ISO 14000 Series; A Solution for Industrial Environmental Structures.” Third National Conference on Environmental Health. No Date. (in Persian)
  • Ali Talashi, Mohammad Saleh, Hamid Soudaeezadeh, and Farhad Nejadkurdi. “Investigating the Role of Environmental Standards in Achieving Sustainable Development Considering Student Awareness Levels.” Quarterly Journal of Environmental Education and Sustainable Development, Vol. 1, No. 2 (Winter 2012). (in Persian)
  • Andrew B. Cage, "public environmental rights a new paradigm for environmental law?" Environmental law conference – 207 paper 9.1. (in English).
  • Asadi, Jahangir. “Explaining Iran’s Standard ISO 14001.” Scientific, Cultural, and Economic Journal of the Institute of Standards and Industrial Research of Iran. Vol. 9, No. 90, 1998. (in Persian)
  • Asadi, Ramazan Esmaeil, and Mahnaz Goudarzi. "The Impact of UN Development Programs on the Development Plans of the Islamic Republic of Iran." Quarterly Journal of International Relations Studies, Vol. 11, No. 43 (Autumn 2018). (in Persian)
  • Barikloo, Alireza. Civil Liability (Based on the 2013 Revised Penal Code). 5th ed. Tehran: Mizan, 2018. (in Persian)
  • Behabani-Nia, Azita, and Soheila Sadeghian. Environmental Pollution. Tehran: Perika, 2014. (in Persian)
  • Bruce Garrick, R., John E. Neeley, Richard R. Kibbe, and William Dalton. Materials and Manufacturing Processes. Translated by Ardeshir Tahmasbi. 1st ed. Tehran: Arkan Danesh, 2008. (in Persian)
  • Corkolasoria, Lal, and Nicholas Robinson. Principles of International Environmental Law. Translated by Mohammad Mehdi Hosseini. Tehran: Mizan, 2011. (in Persian)
  • David Takacs, "environmental human rights, and future of private property", 16 NewYork, University environmental law journal 711(208) (in English).
  • Editorial Board. Industry and Environment and Introduction to ISO 14001 Standard. 1st ed. Tehran: Ketab-e Hamrah, 2018. (in Persian)
  • Emanuela Orlando, From domestic to global? Recent trends in environmental liability from a multi-level and comparative law perspective. (2015) 24 (3). pp. 289-303.DOI:10.1111/reel.12136. (in English).
  • Garrick, R. Bruce, John E. Neeley, Richard R. Kibbe, William Dalton. Materials and Manufacturing Processes. Translated by Ardeshir Tahmasbi. 1st ed. Tehran: Arkan Danesh, 2008. (in Persian)
  • Goldani, Mehdi, and Ali Emami Meybodi. “The Position of the Environment in Five-Year Development Programs from the Perspective of Seven Selected Titles.” Majles and Rahbord, Vol. 22, No. 82 (Summer 2015). (in Persian)
  • Group of Authors and Translators. Guidelines for Optimal Production and Quality Assurance Principles in the Veterinary Drug Manufacturing Industry. Supervised by the Office of Drug and Treatment, Iran Veterinary Organization. 1st ed. Tehran: Parto Vaqe'e, 2014. (in Persian)
  • Hashemi, Niloofar, Mohammad Saeed Zokaei, and Mohammadreza Tajik. “The Relation between Development and Environment in the Analysis of Fifth and Sixth Development Plan Laws.” Strategic and Macro Policy Quarterly, Vol. 11, No. 43 (Autumn 2023). (in Persian)
  • Hemmati, Mojtaba. "Filing Environmental Damage Compensation Lawsuits in the Iranian Legal System." Judicial Legal Perspectives Quarterly, 81, Spring 2018. (in Persian)
  • Jafari-Tabar, Hassan. Civil Liability of Goods. 1st ed. Tehran: Ministry of Justice, 2010. (in Persian)
  • Katouzian, Naser, and Mehdi Ansari. “Liability Arising from Environmental Damages.” Quarterly Journal of Law, Faculty of Law and Political Science, Vol. 38, No. 2 (Summer 2008). (in Persian)
  • Katouzian, Naser. Civil Liability. Vol. 2, 9th ed. Tehran: University of Tehran, 2011. (in Persian)
  • Katouzian, Naser. Preliminary Course in Civil Law: Legal Events. 14th ed. Tehran: Sahami Enteshar, 1998. (in Persian)
  • Khajooei, Amir, Behnaz Zamirian, and Gholam-Hossein Parmoon. Fundamentals of Environmental Science with an Approach to Air Pollution. 1st ed. Tehran: Fanavaran, 2015. (in Persian)
  • Khalatbari, Yalda; Poorhashemi, Abbas, "Environmental Damage": Challenges and opportunities in International Environmental Law, CIFILE Journal of International Law (CJIL), Vol. 1, No. 1, 21-28, summer 2019, 22. (in English).
  • Lieb, Linda Hajjar. Human Rights and the Environment. Translated by Reza Amini. 1st ed. Tehran: SAMT, 2017. (in Persian)
  • Mashhadi, Ali. The Right to a Healthy Environment. Tehran: Mizan, 2013. (in Persian)
  • McCallion, Kenneth. “Enforcing Justice for International Environmental Law: Rights and Remedies.” Translated by Mohammad Hossein Zahidine Labaf. Legal Journal of International Legal Services of the Islamic Republic of Iran, No. 31. (in Persian)
  • Mohsenzadeh, Ahmad-Ali. Environmental Law: Theories and Practices. Office of Legal Affairs and Parliamentary Matters, Department of Environmental Protection. 1st ed. Tehran: Khorsandi, 2009. (in Persian)
  • Molaei, Yousef. The Right to Environment within the Third Generation of Human Rights. In Environmental Law: Theories and Practices. 1st ed. Tehran: Khorsandi, 2009. (in Persian)
  • Moradi, Hassan. International Environmental Law. Tehran: Mizan, 2013. (in Persian)
  • Natalia Rodriguez Eugenio, Michael McLaughlin, Daniel Pennock, soil pollution hidden realty, Food and agriculture organization of the united nations, Rome, 2018. (in English).
  • Nemrow, Nelson. Zero Pollution for Industry. Translated by Davoud Hosseinshahi. 1st ed. Yazd: Andishmandan Yazd, 2015. (in Persian)
  • Novin-Amoz Company in Collaboration with DQS Germany. Global Automotive Standard ISO/TS 16949. 1st ed. Translated by Seyyed Hamidreza Hosseini Herandi and Seyyed Alireza Hosseini Herandi. Tehran, 1999.
  • Panahi, Mostafa, Jalal Shayegan, Seyed Mahmoud Shariat, Mohammad Ali Abdoli, Mansour Ghayas-ol-Din, Abdolreza Karbasi, and Simin Naseri. General Environmental Science. 1st ed. Tehran: Iran Technical Publishing, 2018. (in Persian)
  • Researcher Group. A Perspective on Sustainable Development from an Ecological Point of View. Tehran: Gostareh, 2001. (in Persian)
  • Sachs, Ignacy. Ecology and the Philosophy of Development. Translated by Hamid Noohi. Tehran: Hadi, 1994. (in Persian)
  • Scuro, Gisèle. Transport, Climate Disasters, and Pollution. Translated by Shahriar Khaledi. Tehran: Shahid Beheshti University Press, 2001. (in Persian)
  • Shafizadeh, Mohammad Ali, and Abdolreza Karbasi. “Examining Energy Efficiency Policies and Indicators in Developed and Developing Countries.” Iranian Energy Journal, Vol. 9, No. 23 (August 2005). (in Persian)
  • Shahbazi, Aramesh. “Sustainable Development or the Sustainability of Development in International Law.” International Legal Journal, Presidency Center for International Law, Vol. 27, No. 42, 2010. (in Persian)
  • Sheton, Dinah, "human rights and environment: what specific environmental rights have been recognized", Denver, J Int Law policy 35 nol Win 206. (in English).
  • Tavakol, Mohammad. Sociology of Technology. Tehran: Jamehshenasan, 2011. (in Persian)
  • Turner, R. Kerry, D. Pearce, and I. Bateman. Environmental Economics. Translated by Siavash Dehghan, Avoz Kuchaki, and Ali Kolahi Ahari. Mashhad: Ferdowsi University of Mashhad Press, 1995. (in Persian)
  • White, Rob Douglas. Crimes against Nature. Translated by Peyman Namamian and Sobhan Taibi. 1st ed. Tehran: Majd, 2015. (in Persian)
  • Yeganeh, Mehrdad. Standard and Standardization. 1st ed. Tehran: Center for Industrial Training and Research of Iran, 2000. (in Persian)
  • Yousefi, Hossein, Mohammad Mirzaei, Giti Nouri, and Yasamin Zandi. Environment and Human Health. 1st ed. Tehran: Talab, 2017. (in Persian)

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Journal of Legal Research
Volume 24, Issue 61
Spring 2025
Pages 351-382