This article shows that judicial review has a democratic justification, although it is not necessary for democratic government and its virtues are controversial and often speculative. Against critics like Waldron and Bellamy, it shows that judges, no less than legislators, can embody democratic forms of representation, accountability and participation. Hence, judicial review is not undemocratic...

This paper considers the relationship between work status and decision-making power of the head of household and his spouse. I use household fixed effects models to address the possibility that spousal work status maybe correlated with unobserved factors that also affect bargaining power within the home. Consistent with the hypothesis that greater economic resources yield greater bargaining pow...

shari'atnameh writing as a prescription in political jurisprudence has been of particular importance in islamic political thought. this paper tries to focus on thought of fadhlollah ibn ruzbahan khonji, the last shari'atnameh writer in middle ages in the era consolidation of power of shiite government, shah ismail i, safavid king and the decline of the caliphate. the paper tries to an...

Ghasem Amin is known as a harbinger of women’s social and cultural rights in the world of Arabs. Primarily, he centered his ideas on three axes: a; women’s education to the primary level, B; necessity of women’s free will and decision making in issues like marriage, c; religious veil (covering all the body except the face and the two palms); although the outcomes of his ideas require more discu...

The judicial production of law and the legislative production of law make a striking distinction between the two legal traditions. Despite of these differences, judges in both legal traditions in adjudicating cases have a common task, which is the application of legal rules to the facts of cases pending for judgments. The tension between the certainty and the “discretion” is universal for any l...

arbitrator is a private judge. he accepts a judicial function by a contract. all legal systems (common and civil law) have been recognized this contract and the arbitrator’s judicial function. leave or violation of duties by the arbitrator can be followed by the different sanctions including civil, criminal and disciplinary, but the common law and civil law start from the opposite directions to...

the sociology of law is concerned with explaining the relationship between law and society and studying of the social organization of law (as an order or a system), the social interactions of legal practitioners and people in this area and the meaning that people actually give to sociolegal realities. among the founding fathers of sociology, max weber is one of the most famous thinkers that eve...