ABSTRACT: The principle of the rule of law and the right to good governance in the Iranian legal system are recognized as two fundamental pillars for ensuring citizens’ rights and sustainable development. The rule of law signifies the establishment of justice and the equal enforcement of laws for all individuals in society, which is emphasized in the principles of the Iranian Constitution. In addition, the right to good governance refers to transparency, accountability, and participation in decision-making processes that must be adhered to within public and private institutions. Together, these two principles contribute to the establishment of an efficient and accountable governance system that will foster social and economic development and promote human rights.
SUMMARY: 1. Introduction – 2. Concept of Good Governance Theory – 3. The Principle of the Rule of Law in Administrative Organizations – 4. The Rule of Law and the Legal Consequences of Good Governance in Iran – 5. Good Governance and the Constitution of the Islamic Republic of Iran – 6. The Role of Good Corporate Governance Principles in Iran’s Economic Policies – 7. Good Management in Production and Trade Companies – 8. Indicators of Good Governance in the Judicial Process of the Administrative Justice Court – 9. Judicial Oversight of the Administrative Justice Court and Principles of Good Governance – 10. Rulings Issued and Protection of Citizens’ Rights and Freedoms – 11. Right to Be Heard in Iran’s Administrative Legal System – 12. Law on Promoting the Health of the Administrative System and Combating Corruption in Light of the Good Governance Theory – 13. Effectiveness of the Law on Promoting the Health of the Administrative System and Combating Corruption in Light of Good Governance Foundations – 14. Position of the Principle of Speed and Up-to-Date Regulations in Iran’s Administrative System – 15. Establishing a Merit-Based System – 16. Model of Good Governance in Conservative and Reformist Discourses – 17. Legal Framework Governing Business Licenses for Online Enterprises – 18. Conclusion.
1. Introduction
In today’s world, the role of information and communication technologies in the development of societies is undeniable. These technologies contribute to the economic, social, and cultural growth of countries by creating a platform for the exchange of information, facilitating communication, and providing access to vast resources of knowledge. However, to optimize and fairly utilize these technologies, suitable legal and regulatory frameworks are essential. In this context, the granting of communication licenses serves as a key tool for regulating and managing communication resources.
One of the key principles in this area is the principles of good governance, which are recognized as a standard for assessing the transparency, accountability, fairness, and efficiency of governmental decision-making processes. The principles of good governance in the issuance of communication licenses encompass a range of concepts, such as transparency in the licensing process, ensuring the rights of applicants, public participation in decision-making, and accountability of responsible authorities. These principles enhance public trust and improve the efficiency of regulatory processes.
Transparency in the issuing of communication licenses means providing open and equitable access to information regarding processes and evaluation criteria. This helps prevent corruption and discrimination in the licensing process. Additionally, the accountability of responsible officials to applicants and stakeholders is another fundamental principle that fosters increased trust in regulatory bodies and mitigates potential disputes.
Ultimately, adherence to fairness in granting communication licenses signifies that all applicants enjoy equal and fair conditions in the competitive process. Public participation in these processes also contributes to greater transparency and trust-building. Overall, the place of good governance principles in the issuance of communication licenses not only aids in enhancing the efficiency and transparency of these processes but also leads to increased public trust and the establishment of a healthy competitive environment in the communications market.
2. Concept of Good Governance Theory
Linguistically, “good governance” is a translation of an English phrase that consists of two words: 1) “good,” meaning desirable or suitable, and 2) “governance,” referring to government, management, or administration. Generally, this term has its roots in Latin, meaning the guidance or direction of a system or organization. In this context, “good governance” is defined as the efficient, transparent, and equitable management and direction of organizations or public institutions that contribute to enhancing the quality of governance and governmental interactions. From a linguistic perspective, the concept of good governance emphasizes appropriate and ethical methods in the administration of affairs and decision-making.
In a technical sense, good governance is a concept used in political, social, and economic contexts to describe a set of principles and standards that a governance system should adhere to. This concept serves as a criterion for evaluating the performance of governments and public organizations in securing the public interest. Key principles in good governance theory include transparency, accountability, public participation, fairness, efficiency, and the rule of law. Good governance is recognized as a theoretical framework for better management in both the public and private sectors, which not only improves efficiency but also fosters public trust.
In the field of governance, the good governance theory is based on the assumption that governments and public institutions should act in a manner that serves the interests of citizens and upholds public rights and interests. This concept is intertwined with theories of democracy and rule-based governance. In this context, good governance means creating a legal and institutional framework where decision-making is transparent and accountable, with public participation in the decision-making process. In this approach, the principle of transparency is one of the most crucial pillars, emphasizing free access to information and the provision of logical reasons for decisions made.
From the perspective of public and organizational management, good governance refers to the application of principles in management that lead to improved performance, reduced corruption, and increased efficiency of both public and private organizations. In this framework, principles such as efficiency in resource use, fairness in the distribution of opportunities and access, and the establishment of accountability mechanisms are of high significance. Good governance in organizational management means creating structures that allow for regular evaluation of employees and managers, ensuring their performance aligns with the interests of the larger society.
Overall, the concept of good governance theory, both linguistically and terminologically, refers to a type of management and governance designed around transparency, fairness, participation, and efficiency. This theory serves as a model for improving the performance of governments and public and private organizations, applicable not only in public policy but also in organizational management. Good governance can lead to sustainable development, reduced corruption, and increased public trust, thereby enhancing the quality of life for citizens and the overall performance of society. These principles aim to improve decision-making processes and manage public resources in a way that respects the rights of all stakeholders. [1].
3. The Principle of the Rule of Law in Administrative Organizations
The principle of the rule of law in administrative organizations is fundamental to the Iranian legal and administrative system, playing a key role in ensuring justice, transparency, and accountability. This principle embodies the establishment of a legal framework whereby all individuals and institutions, including governmental organizations, are obligated to comply with laws and regulations. According to Article 1 of the Constitution of the Islamic Republic of Iran, “the rule of law” is one of the main pillars of the country’s political system, aimed at securing citizens’ rights and ensuring social justice. In administrative organizations, the rule of law means that decisions and actions must be based on specific, pre-established laws, and no one can deviate from these laws. The implementation of the rule of law in administrative organizations is particularly significant in supervisory and managerial contexts. State institutions are required to respect the rights and freedoms of citizens while ensuring transparency in all decision-making processes. This not only increases public trust in governmental institutions but also aids in preventing corruption and potential misuse of power.
Moreover, Article 4 of the Constitution emphasizes adherence to legal principles in governmental activities, stipulating that administrative organizations must be subject to oversight and accountability under the law. Furthermore, the principle of the rule of law necessitates that all processes, including hiring, promotions, and administrative decision-making, are conducted based on legal and transparent criteria. This principle becomes especially vital in cases where administrative decisions may adversely affect citizens’ rights. In this regard, Iranian administrative law provides specific principles and norms for reviewing and analyzing administrative decisions, which helps safeguard citizens’ rights and prevents inequality in access to public services.
Ultimately, the rule of law in administrative organizations serves as a fundamental principle not only for the protection of individual and social rights but also as an effective tool for creating an efficient and accountable administrative system. By implementing this principle, administrative organizations can effectively respond to community needs while contributing to the preservation of justice and human rights. [2]
4. The Rule of Law and the Legal Consequences of Good Governance in Iran
As a fundamental principle in the Iranian legal system, the rule of law has profound effects on good governance and its legal consequences. In essence, the rule of law ensures that all actions of the state and public institutions must be conducted based on established and transparent laws. This principle is explicitly stated in Article 1 of the Constitution of the Islamic Republic of Iran and is regarded as one of the foundational components of the Islamic Republic. In this context, the rule of law helps guarantee citizens’ rights, reduce corruption, and enhance transparency and accountability within governmental institutions.
The legal consequences of good governance in Iran, particularly in relation to the rule of law, encompass several important aspects. One of these aspects is the increased public trust in governmental institutions. When citizens observe compliance with laws and regulations in governmental processes, their trust in state and political institutions grows. This trust is reinforced through Article 26 of the Constitution, which refers to the right to form parties and associations, enabling active citizen participation in political processes.
Additionally, the rule of law fosters accountability and transparency in governmental institutions. According to Article 7 of the Civil Responsibility Law, the government is liable for compensating damages arising from administrative and legal violations. This necessitates that governmental entities act with greater caution in their decisions and defend citizens’ rights. Furthermore, administrative laws, such as the Administrative Justice Law, enable citizens to file complaints with legal authorities in cases of violations of their rights, thus enhancing governmental accountability.
Another legal consequence of good governance is the protection of human rights and social rights of citizens. In light of Article 19 of the Universal Declaration of Human Rights, which emphasizes individuals’ rights to express their opinions freely and participate in public affairs, good governance must be based on respecting these rights. Governments are obliged, in accordance with the rule of law, to uphold these rights and create an environment in which citizens can freely engage in social and political processes.
Ultimately, the rule of law, as a fundamental principle of good governance, leads to the establishment of an accountable and transparent administrative system that respects citizens’ rights and realizes social justice. By implementing these principles and laws, Iranian society can move toward more sustainable and equitable development[3].
5. Good Governance and the Constitution of the Islamic Republic of Iran
Good governance in Iran, as a fundamental concept, is closely tied to the principles and articles of the Constitution of the Islamic Republic of Iran. As a foundational document, the Constitution establishes the values and fundamental principles of governance in the country and works towards creating a transparent, accountable, and participatory governmental system. The principles of transparency and accountability are emphasized in the Constitution of the Islamic Republic of Iran.
Article 7 of the Constitution addresses the participation of the people in determining their own fate, thus obligating the government to create conditions for the active participation of citizens. This participation is realized through elections, councils, and civil institutions, which increases the government’s accountability to the people. Social justice is another principle of good governance clearly articulated in Article 3 of the Constitution. This article emphasizes the necessity of ensuring individual and social rights, eliminating discrimination, and achieving equality in access to facilities and services. Good governance must ensure that all individuals benefit equally from opportunities, and governmental institutions must act accordingly.
Moreover, the protection of human rights and fundamental freedoms is among the most important requirements of good governance in Iran’s Constitution. Article 19 of the Constitution stresses the right to freedom of expression and thought and allows citizens to express their views freely. These freedoms not only strengthen democracy but also enhance citizens’ social and political participation. Additionally, oversight of governmental performance, another principle of good governance, is referred to in Article 173 of the Constitution, which mentions the establishment of the Administrative Justice Court tasked with monitoring the lawful execution of laws and administrative decisions. This institution, in accordance with the rule of law, enables citizens to legally complain if their rights are violated and defend their rights accordingly.
As a result, good governance within the framework of the Constitution of the Islamic Republic of Iran operates as a responsive and just management system founded on principles such as transparency, justice, and human rights. This system must not only attend to the needs of citizens but also strive to uphold their rights and freedoms, ultimately leading to sustainable and equitable development in Iranian society [4].
6. The Role of Good Corporate Governance Principles in Iran’s Economic Policies
The role of good corporate governance principles in Iran’s economic policies is recognized as a key pillar in sustainable development and improving the performance of organizations and companies. These principles are defined as a collection of practices, laws, and guidelines that direct institutions and companies towards transparency, accountability, and responsibility. One of the essential features of good corporate governance is the transparency of information, which is increasingly emphasized in Iran’s economic policies.
Transparency in providing financial and non-financial information to stakeholders, including investors, employees, and the community, enhances public trust and attracts foreign investment. This aspect is particularly important in areas such as the capital market and privatization and can lead to improved efficiency and economic performance in the country.
Accountability and responsibility are among the principles of corporate governance that receive attention in Iran’s economic policies. Economic institutions and companies are required to be accountable to stakeholders for their decisions and performance. This principle not only strengthens public trust but also aids in reducing corruption and misuse of resources. Laws and regulations related to the oversight and control of economic activities, including the Securities Market Law, play an effective role in this regard.
Stakeholder participation is another key principle of corporate governance that must be considered in Iran’s economic policies. Establishing mechanisms for active stakeholder participation in economic decision-making and policy-making processes can improve the quality of decisions and increase efficiency. This participation can be realized through consultations, public meetings, and the establishment of civil institutions.
Sustainability and responsible development, as another principle in corporate governance, assist Iran’s economic policies in moving towards sustainable development and natural resource preservation. Paying attention to social and environmental aspects in economic activities, especially in large projects, is of great importance and can lead to enhanced quality of life and environmental conservation. Ultimately, the role of good corporate governance principles in Iran’s economic policies serves as an effective tool for creating transparency, accountability, and responsibility in economic institutions, fostering a better business environment that attracts domestic and foreign investments, and ultimately contributing to sustainable development and economic growth in the country[5].
7. Good Management in Production and Trade Companies
Good management in production and trade companies is recognized as a key principle for improving performance and increasing productivity within these organizations. This type of management refers to a set of practices, processes, and strategies aimed at creating an efficient and effective work environment. One of the main components of good management is strategic planning. Production and trade companies must clearly define their goals and strategies and continuously assess their progress. This planning involves market analysis, identifying opportunities and threats, and determining the resources necessary to achieve the objectives. Utilizing tools for analyzing strengths, weaknesses, opportunities, and threats can assist managers in making informed decisions.
Transparency and effective communication are also important aspects of good management. Establishing open communication channels between managers and employees fosters collaboration and increases productivity. Such communication can include regular meetings, performance reports, and constructive feedback. Particularly in trade companies that require coordination with suppliers and customers, this transparency becomes even more critical.
Human resource management plays a vital role in good management. Recruiting and retaining skilled and motivated personnel contributes to enhancing the quality of production and services. Training programs and skill development for employees not only increase job satisfaction but also lead to overall improvements in the company’s performance. Cultivating a positive organizational culture and supporting employees in their initiatives and creativity are also of significant importance.
Attention to quality and continuous improvement is another pillar of good management in production and trade companies. Implementing quality standards and improving processes through various methods can help increase productivity and reduce costs. These approaches enable companies to respond to customer needs and maintain their competitiveness in the market. Furthermore, accountability and transparency in performance management must also be considered. Companies should effectively implement performance evaluation and monitoring systems to facilitate transparency in decision-making and activities. These evaluations can assist in identifying strengths and weaknesses and improving the overall performance of the organization.
Overall, good management in production and trade companies not only contributes to increased efficiency and profitability but also leads to the creation of a positive and creative work environment in which employees can maximize their potential and help achieve organizational goals [6].
8. Indicators of Good Governance in the Judicial Process of the Administrative Justice Court
The indicators of good governance in the judicial process of the Administrative Justice Court, which acts as a supervisory and judicial body within Iran’s legal system, play an important role in ensuring justice and protecting citizens’ rights. These indicators serve as criteria for assessing the efficiency, transparency, and accountability of the Administrative Justice Court in achieving administrative justice and safeguarding individual rights.
One key indicator is transparency. The Administrative Justice Court should conduct its judicial and administrative processes in a manner that is understandable and accessible to the public. Providing appropriate information about how the court functions, relevant laws, and the steps involved in case handling enhances public trust and reduces ambiguities. Transparency in decision-making and the publication of judgments is also critical and can contribute to establishing standards of adjudication.
Accountability is another important indicator of good governance. The Administrative Justice Court must accept responsibility for its performance and respond to public questions and criticisms. Establishing appropriate mechanisms for receiving complaints and feedback from citizens, as well as monitoring the implementation of issued rulings, enhances the court’s accountability. This fosters a sense among citizens that their rights are well-supported in the face of government institutions.
Efficiency is another indicator of good governance. The Administrative Justice Court should operate in a way that addresses cases quickly and accurately, reducing the time taken for case processing. Utilizing modern technologies for case registration and tracking, improving judicial processes, and expediting hearings can enhance the court’s efficiency.
Justice and fairness in handling claims are also fundamental components of good governance. The Administrative Justice Court must treat all citizens equally and fairly, ensuring that there is no discrimination in rulings and decisions. Upholding the rights of the parties involved and creating equal conditions for presenting evidence and arguments is essential for realizing justice. The expertise and skills of judges are also critical indicators. The Administrative Justice Court should employ specialized and experienced judges in various legal fields. Conducting continuous training courses for judges and staff to enhance their knowledge and capabilities will assist in improving the quality of decision-making.
Finally, citizen participation in judicial processes must also be considered. The Administrative Justice Court should facilitate opportunities for active public engagement in overseeing its performance. This participation can be achieved through holding meetings and consultations with civil society and legal organizations, as well as creating suitable channels for the submission of suggestions and critiques.
Overall, adherence to these indicators in the judicial process of the Administrative Justice Court not only contributes to enhancing the quality of judicial services but also strengthens public trust and promotes social justice [7].
9. Judicial Oversight of the Administrative Justice Court and Principles of Good Governance
Judicial oversight by the Administrative Justice Court and the principles of good governance hold significant importance in Iran’s legal system as tools for ensuring citizens’ rights and guaranteeing transparency and accountability in administrative and judicial processes. The Administrative Justice Court can play a vital role in four key dimensions, each contributing to the improvement of good governance.
The first dimension is innovation in judicial processes. The use of modern technologies for case registration and tracking can accelerate the resolution of lawsuits and enhance transparency. By implementing electronic systems, the Court can easily provide citizens with quick and easy access to case information.
The second dimension is the advisory role of the Court. This institution can analyze judicial decisions and examine similar cases to provide the government with recommendations for improving laws and regulations. Such consultations can be particularly effective in areas such as civil rights and administrative justice, leading to enhanced quality in government decisions.
The third dimension is increasing access to justice. The Administrative Justice Court should undertake measures to facilitate the complaint process and reduce litigation costs. This approach is especially vital for individuals who are financially disadvantaged and can help elevate the sense of justice within society.
The fourth dimension is the evaluation of the impacts of governmental decisions. The Court can assess the social and economic implications of governmental policies and decisions, thereby creating greater transparency in governance. This evaluation can help identify existing problems and propose appropriate solutions.
In summary, judicial oversight by the Administrative Justice Court, adhering to the principles of good governance, not only assists in securing citizens’ rights but also leads to the establishment of an accountable and just administrative system. This, in turn, reinforces public trust in governmental institutions and fosters social justice within the community[8].
10. Rulings Issued and Protection of Citizens’ Rights and Freedoms
Rulings issued by the Administrative Justice Court serve as a key instrument for protecting citizens’ rights and freedoms, playing a vital role in this regard. These rulings examine and analyze complaints related to governmental decisions and actions, and they can serve as a model for upholding human rights and civil rights within society.
Firstly, the rulings of the Administrative Justice Court can serve as a mechanism for securing and guaranteeing citizens’ rights. When a citizen encounters an incorrect or unlawful decision by a governmental body, they can approach the Court and request a review of that decision. Through its rulings, the Court not only resolves the specific case but also sends a clear message to society regarding the importance of respecting citizens’ rights.
Secondly, the creation of judicial precedents is significant. The Court’s rulings can act as a basis for articulating legal principles and establishing consistent judicial precedents. These precedents can assist governmental bodies in making decisions based on laws and legal principles, helping to prevent violations of citizens’ rights. This is particularly important in instances where there may be varying interpretations of laws.
The third aspect is awareness-raising and information dissemination. Rulings from the Administrative Justice Court can contribute to increasing public awareness regarding citizens’ rights and the manner in which governmental bodies interact with them. By publishing court rulings and clarifying their legal reasons, citizens can become better acquainted with their rights and advocate for them when necessary.
The fourth aspect is holding governmental institutions accountable. The Administrative Justice Court can mandate governmental entities to respond to citizens’ complaints through its rulings and to implement necessary reforms when rights are violated. This contributes to strengthening the culture of accountability within public institutions and can prevent abuses and unlawful decisions.
Finally, the rulings of the Administrative Justice Court, as a guarantor of citizens’ rights and freedoms, not only assist in resolving individual issues but also promote social justice and foster a culture rooted in respect for human rights within society. These rulings, due to their impact and ability to rectify governmental practices and decisions, can lead to improvements within the administrative system and the strengthening of citizens’ rights [9].
11. Right to Be Heard in Iran’s Administrative Legal System
The right to be heard, as one of the fundamental principles of administrative law within Iran’s legal system, enables citizens to present their views and defenses in administrative and judicial processes. This right is particularly significant in ensuring justice and transparency in administrative decision-making. The right to be heard means an individual’s entitlement to be listened to and to express their arguments and reasons before administrative and judicial authorities, allowing citizens to voice their opinions, especially in cases where administrative decisions may negatively affect their rights. This principle can be viewed as a guarantee of human rights and citizenship rights.
In Iran’s legal system, the right to be heard is recognized in various laws. Particularly, the Administrative Procedures Law guarantees citizens access to information and participation in decision-making processes. These laws impose an obligation on government entities to respect the right to be heard in administrative processes and allow citizens to present their views and objections. The implementation of the right to be heard is especially important in certain contexts, such as hiring, issuing permits, and other administrative decisions. For example, when an individual is subjected to a review during the hiring process, they should have the opportunity to contest decisions made and present their reasons. This ensures that administrative decisions are made more fairly and based on transparency and equity.
The right to be heard also enhances the accountability of governmental institutions. When citizens can formally raise their opinions and objections, governmental entities are compelled to consider these views and, if necessary, amend their decisions accordingly. This not only contributes to improving the quality of public services but also increases public trust in governmental institutions.
Moreover, the right to be heard is a crucial aspect of promoting good governance. It encourages citizen participation and engagement in administrative processes, which is essential for fostering a democratic environment. When citizens are given a platform to express their concerns and suggestions, they are more likely to feel invested in the governance process, leading to a more informed and active citizenry.
In conclusion, the right to be heard in Iran’s administrative legal system serves as a vital mechanism for protecting citizens’ rights, ensuring transparency in decision-making, and fostering a sense of justice within the community. By upholding this right, the government not only adheres to legal obligations but also promotes a culture of accountability and responsiveness that strengthens the relationship between citizens and public institutions [10].
12. Law on Promoting the Health of the Administrative System and Combating Corruption in Light of the Good Governance Theory
The Law on Promoting the Health of the Administrative System and Combating Corruption in Iran serves as a key tool for achieving the Good Governance theory and has a profound impact on enhancing the efficiency and transparency of governmental institutions. This law, aimed at creating mechanisms to promote administrative integrity and reduce corruption in governmental systems, seeks to implement the principles of good governance in public management. One of the main goals of this law is to increase transparency and accountability within governmental institutions. By mandating governmental bodies to disclose information and report to the public, the law aims to provide a suitable environment for social oversight and citizen participation in decision-making processes. This transparency allows citizens to act and defend their rights easily when their rights are impacted.
Moreover, the Law on Promoting the Health of the Administrative System emphasizes the importance of accountability within governmental institutions. The law requires governmental entities to continuously be accountable for their actions and decisions and to face legal and administrative consequences in case of violations of laws and regulations. This creates a culture of responsibility in public organizations and can help prevent the occurrence of corruption and potential abuses. The law also focuses on developing mechanisms for identifying and preventing corruption. Establishing independent oversight bodies and enhancing cooperation with international organizations to combat corruption are among the proposed actions in this law that aid in bolstering administrative integrity.
Finally, this law, by emphasizing principles of oversight and evaluation, allows governmental institutions to assess their performance and, when necessary, implement required reforms. This approach is particularly important in areas such as recruitment, resource allocation, and public services. Overall, the Law on Promoting the Health of the Administrative System and Combating Corruption not only contributes to improving the quality of public services but also enhances public trust in the government and promotes citizens’ rights. By implementing the principles of good governance, this law can play a key role in creating a just and accountable society [11].
13. Effectiveness of the Law on Promoting the Health of the Administrative System and Combating Corruption in Light of Good Governance Foundations
The effectiveness of the Law on Promoting the Health of the Administrative System and Combating Corruption, viewed through the lens of good governance foundations, is considered a fundamental challenge and necessity within governmental systems, especially in Iran. This law serves as a tool for achieving the objectives of good governance by promoting transparency, accountability, and responsibility in governmental institutions. The theoretical foundations of good governance emphasize key principles such as transparency, equity, efficiency, and accountability, and this law can enhance administrative efficiency by establishing mechanisms for implementing these principles.
The first aspect of this law’s effectiveness is its emphasis on transparency. The Law on Promoting the Health of the Administrative System creates an appropriate environment for social oversight by mandating governmental bodies to disclose information and report on their activities. This transparency enables citizens to easily become informed about governmental decisions and to seek review or contest these decisions when necessary. In this regard, the existence of electronic systems and public access to information aids in achieving this goal.
The second aspect is the accountability of governmental institutions. This law obligates organizations to be accountable for their performance, facing legal repercussions in the case of violations. This leads to a culture of responsibility that contributes to a reduction in corruption and potential abuses. Independent oversight bodies and audit systems have also been established to evaluate institutional performance and prevent abuses.
The third aspect is equity and fairness. By emphasizing principles of fairness, especially in recruitment processes and resource allocation, the Law on Promoting the Health of the Administrative System seeks to reduce discrimination and enhance transparency in these areas. This fairness not only contributes to improving the quality of public services but also increases public trust in governmental institutions.
Ultimately, the Law on Promoting the Health of the Administrative System and Combating Corruption, through the establishment of monitoring and continuous evaluation mechanisms, allows governmental institutions to continuously improve their performance and implement necessary reforms when needed. Generally, the effectiveness of this law in light of good governance foundations can lead to improved quality of public services, increased citizen satisfaction, and the creation of a fair and accountable society. By implementing good governance principles, this law plays an important role in realizing citizens’ rights and strengthening the health of the administrative system [12].
14. Position of the Principle of Speed and Up-to-Date Regulations in Iran’s Administrative System
The principle of speed and the up-to-date nature of regulations in Iran’s administrative system is recognized as a key component for improving the efficiency and effectiveness of the administrative system. This principle refers to the necessity of keeping laws and regulations current and effective in addressing the changing needs of society and facilitating administrative processes. The principle of speed implies accelerating administrative processes and reducing the time required to complete administrative tasks. This principle is increasingly significant in today’s world, where rapid changes and citizens’ demand for optimal and prompt services are on the rise.
The concept of up-to-date regulations means that laws and regulations must be continuously reviewed to align with social, economic, and technological changes. In Iran’s administrative system, the implementation of this principle is particularly critical in areas such as public services, issuing permits, and meeting citizens’ needs. For instance, lengthy and complex administrative processes can lead to dissatisfaction and a lack of trust among citizens towards the administrative system. Therefore, reducing the time required to complete these processes not only helps improve service quality but also boosts public satisfaction and trust in governmental institutions.
Additionally, the updating of regulations is recognized as an essential requirement for enhancing the effectiveness of the administrative system. Laws and regulations should be designed in a way that they can rapidly respond to new needs. In this context, the formation of specialized committees and the use of expert opinions, including those from civil society, can significantly aid in the more effective updating of laws.
In conclusion, adherence to the principle of speed and the up-to-date nature of regulations in Iran’s administrative system not only contributes to improving the efficiency and quality of public services but also leads to the establishment of a responsive and transparent administrative framework. This advancement can strengthen citizens’ rights and promote good governance within society, acting as an effective factor in increasing public trust in governmental institutions [13].
15. Establishing a Merit-Based System
Establishing a merit-based system in Iran’s administrative framework, as one of the key principles of good governance, can lead to improved efficiency and fairness in the processes of hiring and promoting public employees. Meritocracy refers to the selection of individuals based on their competencies, experiences, and professional qualifications, rather than personal relationships or political affiliations. The necessity of establishing a merit-based system is of high importance, as it can enhance the quality of public services, boost employee morale, and increase public trust in governmental institutions. When individuals with real capabilities occupy managerial positions, decision-making becomes more rational and efficient.
To achieve meritocracy, attention must be paid to legal and structural foundations. Laws regarding the hiring and promotion of employees should be designed to ensure transparency and fairness in selection processes. Additionally, establishing oversight mechanisms for evaluating employee performance and implementing training and empowerment programs can contribute to enhancing individual and organizational competencies. Furthermore, the organizational culture must shift towards the acceptance of meritocracy, and in this regard, governmental institutions should actively promote these values.
Most importantly, meritocracy can serve as a tool to combat corruption and discrimination. By using transparent and objective criteria for selection and promotion, it is possible to prevent the occurrence of corruption and potential abuses, creating an environment where individuals are assessed based on their competencies. This not only helps strengthen public trust in governmental institutions but also leads to improvements in the efficiency and quality of public services.
As a result, the establishment of a merit-based system in Iran’s administrative framework not only aids in improving the performance of organizations and governmental institutions but also promotes social justice and secures citizens’ rights. By creating such a system, the objectives of good governance and sustainable development in the country can be achieved.
16. Model of Good Governance in Conservative and Reformist Discourses
The model of good governance in conservative justice-seeking and reformist discourses is significantly different, and each proposes different approaches based on its theoretical foundations and specific priorities.
1. Conservative Justice-Seeking Discourse
In the conservative justice-seeking discourse, the emphasis is placed on Islamic and national values, along with the necessity of social justice as a central tenet of good governance. This approach highlights the need for equitable distribution of resources and opportunities and seeks to achieve justice within society through the establishment of robust governmental and oversight structures. Conservatives often strive to implement laws and regulations that can lay the groundwork for social and economic justice, paying special attention to ethical and religious considerations.
2. Reformist Discourse
In contrast, the reformist discourse emphasizes principles of democracy, transparency, and social participation. Reformists believe that good governance should lead to the strengthening of civil institutions and an increase in public participation. This approach underscores the necessity of updating laws and reforming administrative processes to enhance transparency and accountability. Reformists typically aim to reduce the concentration of power and increase the independence of institutions to prevent corruption and mismanagement.
3. Commonalities and Differences
Despite the differences, both discourses emphasize the importance of justice and transparency. While conservatives focus more on social justice from an economic perspective, reformists pay attention to political justice and citizen rights. Additionally, both groups agree on the necessity of strengthening oversight institutions and increasing government accountability, although their implementation approaches differ.
Ultimately, the model of good governance in conservative justice-seeking and reformist discourses can be viewed as a constructive dialogue for enhancing the efficiency of the administrative system and improving public services. Creating a space for exchanging views and collaboration between these two discourses can contribute to improving governance and reinforcing justice in society.
17. Legal Framework Governing Business Licenses for Online Enterprises
The legal framework governing the issuance of licenses for online businesses in Iran consists of a set of laws, regulations, and executive procedures aimed at facilitating economic activities in cyberspace and protecting the rights of users and consumers. One of the most important laws in this regard is the Electronic Commerce Law, which was adopted in 2002. This law outlines the principles governing commercial activities in cyberspace and sets the necessary conditions for issuing licenses, registering businesses, and protecting consumer rights. Moreover, the Consumer Protection Law emphasizes transparency in the provision of services and goods in the online environment and establishes requirements related to product information, sales conditions, and the right to rescind.
Issuing licenses for online businesses is the responsibility of various entities, such as the Ministry of Industry, Mining, and Trade, and the Computer Trade Union Organization. These entities organize the licensing process to ensure the quality of services and goods, oversee economic activities, and prevent violations. Furthermore, according to regulations, businesses are required to comply with tax laws and laws pertaining to the protection of users’ personal information. This ensures that online enterprises are subject to oversight from various [14].
18. Conclusion
The conclusion regarding the position of good governance principles in the issuance of communication licenses within Iran’s legal system highlights the special significance of these principles in facilitating administrative processes, increasing transparency, and improving the efficiency of the agencies involved in license issuance. Good governance principles, particularly in the field of communications, play a key role in ensuring order, fairness, and transparency in the licensing processes. These principles can not only enhance the quality of communication services but also prevent potential violations and abuses, ultimately increasing public trust in oversight and executive institutions.
One of the most important aspects of good governance in this area is the principle of transparency. This principle requires that the responsible authorities in the communication license issuance process clearly and accessibly outline all necessary steps and conditions for applicants. A lack of transparency in these stages can lead to violations and a decrease in public trust in executive bodies. Therefore, it is crucial to establish clear and transparent regulations concerning the issuance of communication licenses, as well as to ensure their precise implementation by the responsible agencies.
The principle of accountability also plays an important role in good governance. Agencies that issue communication licenses must be accountable for their decisions and actions, providing applicants with the means to follow up on their cases. This ensures that the licensing process is carried out with greater fairness and precision. Furthermore, accountability reduces administrative corruption and increases the efficiency of the administrative system, creating the necessary conditions for better service delivery to stakeholders in the communications and information technology sectors.
The principle of fairness and equality is another key principle of good governance that must be upheld in the issuance of communication licenses. All applicants should have equal and non-discriminatory access to information and services, and the issuance of licenses should not be influenced by the interests of specific groups or political pressures. Adhering to this principle allows small and emerging businesses to have opportunities to operate in this sector, promoting healthy competition in the market.
Additionally, the principle of efficiency and effectiveness in good governance can impact the reduction of time taken for license issuance and facilitate administrative processes. Unnecessary delays in the issuance of communication licenses not only harm the economic activities of individuals but also stifle innovation and the growth of new businesses. Therefore, creating efficient, up-to-date, and digital systems to expedite the licensing process should be a primary priority for the agencies involved in communications and information technology.
In this context, judicial oversight is also a particularly important tool for implementing good governance. The Administrative Justice Court, as a judicial institution, can contribute to the correct enforcement of good governance principles by closely monitoring administrative decisions and examining complaints about potential violations. This oversight also reinforces the rule of law and protects citizens’ rights against erroneous administrative decisions.
Ultimately, it can be concluded that the principles of good governance, including transparency, accountability, fairness, efficiency, and judicial oversight, play a crucial role in improving the processes of issuing communication licenses in Iran. The precise and comprehensive implementation of these principles can contribute to sustainable development in the field of communications and information technology while supporting citizens’ rights and providing a competitive and healthy environment for businesses operating in this sector.
References
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